Legal Question in Credit and Debt Law in Texas
I was made aware of your service for legal help and was hoping you could give me some guidance.
About 18 months ago my job was downsized. For the next year I worked temporary jobs which pay very little. I went through my savings and my retirement trying to stay on top of my bills hoping that a good job was just around the corner. However, that did not happen and I finally accepted a permanent position making just enough to cover the bare essentials. In all of this I defaulted on 2 credit cards (totaling about $25,000) with Citibank. They sold my debt to a lawyer acting as a debt collector several months ago. I have been in communication with them letting them know that I had no way to pay this considering my present circumstances. I have never owned a home or property, did not receive an inheritance when my father died, I live in an apartment and drive an 8 year old car, and I�m struggling just to make ends meet.
In spite of these conditions they have sued me for this amount with the District Court in Tarrant County. I spoke to the District Court office and they stated that I did not have to retain a lawyer. They are requiring a written answer to their Discovery Requests intended to be conducted under Level 1 of Rule 190 here in Texas where I reside. They have given me many pages of questions to answer, many of which are difficult for a lay person to understand as it is written in legal terms.
So I�m trying to find out the proper way to respond to the court as I don�t want to be in contempt. The District Court couldn�t give me any direction as to the type of response required.
My thoughts are to write a cover letter stating my current financial state and attach all of their questions answered to the best of my ability. I don�t understand some of the questions so, on those I was going to state, �I don�t really understand this question, but if this is what you mean, then my answer is��
I would appreciate any help or direction that you could give me. Thank you so much!
TB
1 Answer from Attorneys
You probably have 50 days to answer their pre-trial discovery.
However, they are probably entitled to a judgment against you no matter what answers you give them.
Go ahead and answer the discovery if you feel like doing so; remember that interrogatory answers have to be sworn.
You shouldn't bother writing a letter telling them (or anybody else) about your circumstances; trust me, they don't care, and it doesn't make any difference in the court case.
They'll probably end up with a judgment against you. After they take their judgment, you should stop talking to them. Period. In fact, NOW would be a good time to stop talking to them. They don't care about your problems. They have no sympathy.
It is very, very difficult to collect a judgment in Texas.
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