Legal Question in Credit and Debt Law in Texas

Obligation to repay

I had an attorney contact me reccently advising that the last payment recieved on a credit card was in 2000. He advised me that I had missed several court dates set by his company, (I was unaware of any of these). He advised me that if a repayment agreement was not reached then he would pursue legal action and have me arrested at home or work and taken into court. He also advised that a judgement would be placed on me and that my personal effects would be utilized toward debt repayment. What is my recourse in this matter. Any assistance or information on this matter would be greatly appreciated.


Asked on 4/02/06, 10:01 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Obligation to repay

Disciplinary rules and civil rules forbid a person (and attorney) from threatening criminal prosecution for a civil debt. You may want to consider reporting the attorney to the bar, for threatening to have you arrested.

Texas provides for homestead exemption that allows certain property exempt from garnishment or attachment for a civil debt.

Contact the court clerk, ask to get a copy of the file, including pleadings and judgment.

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Answered on 4/03/06, 7:24 am
Peter Bradie Bradie, Bradie & Bradie

Re: Obligation to repay

In addition to Ms. Langford's advice, I suggest contacting local counsel that's familiar with the Fair Debt Collection Practices Act.

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Answered on 4/03/06, 10:34 am


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