Legal Question in Credit and Debt Law in Texas

Being Sued for Credit Card Debt

My mother-in-law said a Constable came to her house to serve court papers to my husband. He believes he is being sued for a credit card he has not been able to pay. He obtained the card about 3 years ago, lost his job, and has missed payments. He stated that he made payment arrangements in the past, spoke to rude bill collectors calling on behalf of the credit card company, and made a few payments but the account is listed as delinquent on his credit report. Can he be sued for the balance on the card? If he is sued, what will happen next? Will his wages be garnished? Will they take his personal items from his such as his car (the car is paid off)? Will they place a lien on any of his accounts or my accounts for which he is a signer? Will he have to go to court? Do you know of any options he has to avoid any adverse actions? Please help.


Asked on 9/28/05, 5:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Being Sued for Credit Card Debt

He can be sued for the balance, costs of court, and attorney fees. However, they cannot garnishee his current wages in Texas, seize his car, or household property. However, they can garnishee any bank accounts they may happen to find.

About the best he can do is contact the attorney that's representing the credit card company and try an negotiate a payout. The attorney will usually be receptive if the debt can be substantially paid down (at least 70% of the debt) over a year. Needless to say, a proposed 30-year payout is a non-starter!

Read more
Answered on 9/28/05, 6:04 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas