Legal Question in Credit and Debt Law in Texas
If as lawsuit for nonpayment of a credit card is filed against a person, can that person have the lawsuit dismissed based on following facts: the person is 100% disable and whose only income SSD and VA compensation which cannot be levy or attached or garnished and whose personal property is protected by Texas Constitution and whose real-estate is his homestead therefore any judgment issued by a state court is precluded from enforcement by state constitution and federal law thus a waste of Judicial Time and without merit
2 Answers from Attorneys
no..u must answer, defend and wo a lawyer, will probably lose..as creditor feels u may obtain assets in the future..sorry
I am only too familiar with this area of the law because I have been fighting against the State Attorney General's Office and Wells Fargo Bank for the past two years on the same kinds of issues.
What you have to appreciate, and what even many lawyers do not appreciate (because you have to go through this process yourself to really understand it) is that it is not merely a question of what CAN be done, legally, to collect the debt. It is all too often a matter of what WILL be done - including disobeying the rules and laws to collect the debt. Even if you know your rights - as here, you do, with regard to SSI and VA benefits - they will still take your money! They do it to see what you're going to do about it, and they will pull out all sorts of tricks designed to frustrate you and get you to the point where you just grow tired of fighting them and let them steal your money.
Get your money out of your bank immediately. Hold it as cash, or deposit it in a friend's account. The banks work hand in hand with the creditor or Attorney General's Office to freeze your accounts. Then they charge you ridiculous fees for freezing your accounts, for any checks that bounce because your account has been frozen, and they even take their attorney's fees ouf of your money! Sound like stealing? It IS! But they get away with it every day and you really will not know what to do unless you stick it out and fight tooth and nail with them for however long it takes.
If you want to know more, contact me.
Charles Williamson
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