Legal Question in Credit and Debt Law in Texas

Questions about credit card suit

Got sued. Plaintiff is suing for credit card debt that I can't repay right now. I know current wages can't be garnished in TX and that default judgment will be entered if I don't appear in court. Some questions: 1. If I don't appear in court, since I'm not going to seek counsel and don't know how to answer the suit myself, will I be held in contempt? 2. I know bank accounts are fair game, although wages are not, to enforce judgments. What if I really need an account? For paying bills or direct deposits or cashing checks? Can I open one in my kid's name and deposit there? How about in my mom's name? 3. If judgment is entered, will a constable show up to my house and take items and sell immediately? Should I just put all my things in storage? 4. Lastly, should I seek counsel? I read all other posts and got great info. Do I really need a lawyer at this point? I can't pay the debt, though I do have a job. I own a home and have a checking account with no money in it, but I do use it to pay my mortgage.

Thank you so much for reading this and for any info that you can give me.


Asked on 4/21/05, 12:56 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Questions about credit card suit

1. No, you will not be held in contempt.

2. If you have signing authority, the account is fair game.

3. The constable will give you notice of intent to levy and sell property. If you put your things in storage, that may well remove them from being property exempt from levy and sale.

4. Depends upon the amount in question, and your comfort level in negotiations. You'll want to make answer to avoid a default, and open negotiations with the attorney for the credit card company. You might arrange to pay off the debt over a period of time since you can't pay the entire amount right now. Call the attorney yourself and see if they're open to a negotiated settlement. Level with him or her as to what you reasonably can do, since the worst situation is making then breaking a promise to pay.

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Answered on 4/21/05, 10:16 am


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