Legal Question in Credit and Debt Law in Texas
I received papers that I am being sued for unpaid credit card debt. I do not deny that I owe the
money, but my husband was unemployed for several months and is now making about $30,000
less a year. It says I have x amount of days to file a written response. What am I suppose to
put in the written response? Please help!
2 Answers from Attorneys
State...I generally deny all the allegations and demand strict proof of the claims. I specifically deny all claims for interest, penalties and for any charges which were not made by me to purchase goods."
Swear to the denial before a notary public if possible..but if not, this will delay judgment..and if trial is set..go to Court..or hire a lawyer for best protection. Most cases as this are reasonable fees..
Respectfully, you really need to hire an attorney to help you with this. You have a certain number of days to respond to the suit that's been filed against you. If you do not respond in time, the court will take a "default" judgment against you - meaning that the other side wins because you failed to show up.
Sometime after this, the creditor will file for a garnishment against all your bank accounts, investment accounts, etc., wherever you have money deposited. This "freezes" all your money up to the amount owed to the credit company. It means they take your money and you never see it again. And, the bad news here is that these kinds of garnishents are done in ways that are even against the law, but the creditors get away with it because debtors simply don't know their rights under the law and are, therefore, taken advantage of - every day of the week.
The best thing to do is to get your "answer" filed (by an attorney - this is a particular pleading that must satisfy several rules - and then work out some sort of payment plan that will be acceptable.
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