Civil suit filed on CC debt

[Navy_brat_in_tx]

I just rcvd ad notices from 3 diff lawyers saying a civil suit was filed by a CC Company citing a case#. I pulled the doc # & it was listed in the county court system. The bill was last pd in 2003 when I resided in a diff state, with a balance of about 3k left. I had tried to pay but they were rude & refused partial pymts & cxld the acct. Nothing has come in the mail, -it was only filed last wk according to the rec's.
Questions if anyone can help-
1) They say I owe approx 10k, but my orig paperwork shows just under 3k - what am I actually liable for?
2) I googled the lawyer that filed the suit & found him in a gen law directory in tx, but no other info was on the profile tabs. Would that indicate he's a prob a bill coll & not working for the CC comp?
3) Am I req to attend court for this event? & what would I need to bring or be prep'd with?
4) What personal assets; house, car, bank accts, income, ret accts, or other personal possessions are subject to levy against?
5) If I receive a judgement against me, would that show on a criminal rec &/or credit rpt? I am concerned this will impact my employement.

I've never had an issue like this, & due to personal difficulties in 2003, I incurred some financial troubles. I now live in TX & have worked hard to reinstate my financial independance. I realize this is a debt I am responsible for, or at least a portion of it -since it has been inflated so badly.. but I can't afford the monies they want!! can u help -- lost in texas!!

 

[army judge]

I just rcvd ad notices from 3 diff lawyers saying a civil suit was filed by a CC Company citing a case#. I pulled the doc # & it was listed in the county court system. The bill was last pd in 2003 when I resided in a diff state, with a balance of about 3k left. I had tried to pay but they were rude & refused partial pymts & cxld the acct. Nothing has come in the mail, -it was only filed last wk according to the rec's.
Questions if anyone can help-
1) They say I owe approx 10k, but my orig paperwork shows just under 3k - what am I actually liable for?

In Texas, if you're sued, the court won't notify you by mail. You'll be served in person by a constable or deputy sheriff. You may later receive a letter in the mail, but you'll at first receive personal service from a member of law enforcement.

If you're smart, you won't give these crooks a dime.
You are dealing with bottom feeding, debt collector, zombie, scavengers.
These people aren't owed a dime, by you.
They bought old debts that you may have once owed.
The original creditor has long ago written the debt off their books.
They then sell the worthless paper (note) to these crooks for about 2 cents (often less) on the dollar.
These sharks then come after you to collect something you no longer owe.

Texas is a very debtor friendly state.
These con-artists can only collect if you allow them to bully you and rob you.

Now, here's why these debts can not be collected in Texas.
Texas has a four year statute of limitations for debts like these.
If these debts lie dormant (and uncollected) for four years, they are legally disposed of, and the holder of the paper can not collect ANYTHING on them.
UNLESS, a foolish, scared, intimidated, bullied debtor gets scared, panics and pays a dollar on the debt.
(Now you see why they start slow, and say, pay something, just anything, it'll help you.)
(No, it screws you and helps them. It extinguishes the SOL, and the four years must start over!)

So, don't communicate with these scammers.
Don't send them a dime.
You don't owe them anything.
Don't feel like a deadbeat.
You are protected by law.
These creeps can't touch you, unless you do something STUPID!

Now, to FINALLY answer your question.
You owe these scam artists NOTHING, not one red penny!

2) I googled the lawyer that filed the suit & found him in a gen law directory in tx, but no other info was on the profile tabs. Would that indicate he's a prob a bill coll & not working for the CC comp?

Of course this lawyer isn't a lawyer.
Well, at least what I would consider a lawyer.
He's a scum lawyer, renting his shingle and selling his soul to these scavengers and scum suckers!

3) Am I req to attend court for this event? & what would I need to bring or be prep'd with?

Yes, if you are served, always attend court.
You don't have to prove anything.
The plaintiff must prove his case.

You should be prepared to show, when the time comes that you have done nothing on this debt since 2003.
You do that, this suit gets dismissed.
The SOL has protected you.
These creeps don't think you're smart enough to know that.

If you get the chance, ask them to produce the note.
That would be the ORIGINAL credit application that you once completed.
They can't.
They don't have it.
When they can't produce that, YOU WIN!

4) What personal assets; house, car, bank accts, income, ret accts, or other personal possessions are subject to levy against?

None of those things are subject to levy or attachment in TEXAS.
See, I told you, we do things differently in the Republic of Texas.

Creditors are prohibited by our Texas Constitution from levying against income, your car, your home, personal assets, your mules, your cattle, and most anything else you own.

The WORST that could happen is that you COULD lose, if you SCREW up.
But, even if you do that, the creditor gets nothing but a piece of paper that says YOU owe HIM/HER $XXXXX.
The creditor usually puts a lien against your home.
He can't force the sale of your home.
He has to spend MONEY to effect the lien.
The lien has to be renewed every 10 years.

If, and ONLY if, you sell your home; the creditor can get paid out of your proceeds.

Hey, hey, hey, even that doesn't work in today's economy does it? :no:

5) If I receive a judgement against me, would that show on a criminal rec &/or credit rpt? I am concerned this will impact my employement.

I've never had an issue like this, & due to personal difficulties in 2003, I incurred some financial troubles. I now live in TX & have worked hard to reinstate my financial independance. I realize this is a debt I am responsible for, or at least a portion of it -since it has been inflated so badly.. but I can't afford the monies they want!! can u help -- lost in texas!!

Can I help?
You're damn right I can help. :yes:
I've told you how to PROTECT yourself above.
But, when you get served, I'll go one step further.
I'll defend you "pro bono" in court. :angel

So, if these idiots pursue this foolish pursuit of you, you've got a lawyer friend in Texas.
I'll come to court and defend you, just because.

Rest assured, these bums will never get a dime of your money (and I don't want a penny), if they send the "Big Bad Wolf" to knock on your door. Because, it won't be "Lil Red Riding Hood" they''l see cowering in fear. It'll be me, :dgrin they'll meet on the courthouse steps! As I tell peopel all the time, it ain't nothing worst to deal with than an old, retired, country lawyer with lots of time on his hands!

 

[mightymoose]

The worst thing you can do at this point is make a payment on the account.

If you are summoned to appear in court then do so, and simply establish the last date of activity on the account (last payment or other transaction) and argue that the statute of limitations has passed.

 

[Navy_brat_in_tx]

Thank you for all of your help Army Judge.. after my father passed away in 2003, I moved my mom in with me, and I was
very concerned about how this would affect us. Another question I have is the suit is filed by this lawyer, but listed as
the CC company vs. me on the court status - is that normal? That is why I wasn't sure if the lawyer was on their staff.
I will be sure to let you know if/when we receive documents regarding this suit. You are very kind to offer to assist // defend us, i'll be sure to keep you updated. I am sure you are already aware of this - but you provide excellent guidance, and support in this site. I am new to "blogging" I guess it is called, and am greatful for people like you who provide support to those in need out of the goodness of their heart... Thank you for all you do!!

 

[Navy_brat_in_tx]

thank you for the advice - I had toyed with calling the CC company at the suggestion of some of my relies ... but think better of it now.. thx

 

[esterlydsl]

I have come to know that many a times certain people try to make you accept the debt amount which is actually not yours.This might be a similar case. Why not hire the services of an experienced lawyer who can handle the tricks of these e-mail senders.Just imagine, is it possible that three different lawyers be sending you an e-mail for the same thing.If it's an fraud, sue them.

 

[Navy_brat_in_tx]

I have now received a letter (or notice??) from the lawyer that filed suit on my CC debt. The letter lists the case# and MJAPC # ; and is documented as "Plaintiff's Nonsuit Without Prejudice" - it says "Plaintiff hereby nonsuits without prejudice its claim against defendant (me) in the above captioned matter". It is followed by another page stating "Order Granting Nonsuit" Nothing is signed or dated for the "Presiding Judge" signature line. The lawyer also wrote to not hesitate to contact him with any questions or concerns.. What does this paperwork mean, and what should I do now??

 

[army judge]

I have now received a letter (or notice??) from the lawyer that filed suit on my CC debt. The letter lists the case# and MJAPC # ; and is documented as "Plaintiff's Nonsuit Without Prejudice" - it says "Plaintiff hereby nonsuits without prejudice its claim against defendant (me) in the above captioned matter". It is followed by another page stating "Order Granting Nonsuit" Nothing is signed or dated for the "Presiding Judge" signature line. The lawyer also wrote to not hesitate to contact him with any questions or concerns.. What does this paperwork mean, and what should I do now??

Do not contact that shady lawyer.
Do not speak about this matter to anyone, unless it happens to be your lawyer.

The language "nonsuit' implies the court felt there was some defect in the original filings/pleadings by the plaintiff.
It could be many things, but in matters such as yours, I suspect it had to do with the SOL or sufficiency of pleadings.
Bottom line, the case is dismissed (nonsuited).

BUT, BUT, BUT, BUT, BUT, BUT - the "without prejuidice" is a sneaky way to refile the lawsuit at a later time, correcting the legal deficiencies.

That is why the lawyer is being so solicitous and trying to entice you to speak with him/her.

Anything you do or say could splatter back on you and cause you to harm your present "safe" position.



This website illustrates HOW you might wish to respond.
Always reply or respond though the court, especially if you aren't a laeyer.
Lawyers are apex predators.

http://www.transcend7.com/legal-motion-Quash.htm

 

[Navy_brat_in_tx]

I went to the civil court and pulled the docket# and this was the last entry:

sub doc // trans date// trans type // trans descript
001// 20101022// INFO SHT// CIVIL CASE INFO SHT

What would an "info sht" be? If they refile - would it be the same case # or will the whole mail solicitation thing from various lawyers start again?
Thanks again for all your help Army Judge - should I provide you with my email?
I will remain "safe" thanks to your excellent guidance..

 

[army judge]

OP, you're welcome.
I don't know what that abbreviation means.
I do know it is best to let sleeping dogs lie!

 

[Navy_brat_in_tx]

I have read the case study you linked in-little confusing with the legalese, my latin studies didn't seem to help decipher it either..
but I get the overall gist...
Do you recommend that I reply to the court with that form/format, or just "let 'em lie..."

 

[mightymoose]

Just don't make ANY kind of payment and you will be fine.
Unless you receive a summons to court there is really nothing you need to do.