Not sure how to proceed

[Stormdude]

I just received a citation for a civil law suit for the amount of $9,730.00 dollars from the plaintiffs attorney. I do owe money, but this amount is inflated by about double. I am not looking to fight as I don't have paperwork to back this up nor wanting to lose even more money if I cannot defend my side. I have two questions.

1. Should I just contact the plaintiffs attorney and try to settle for less (if they do that at all)?
2. I have lost my job back in April and don't have that money, what would happen if I lose and don't have the money to pay (I do own my home and I do have a retirement, but huge penalties if I touch it).

Any help on how to proceed that would be minimal damage would be greatly appreciated.

 

[army judge]

In Texas, even if they win, there's very little they can do, except to slap a lien on your home. They can't force a sale of the home. Many of these lawsuits are bogus. Google the alleged attorney, see what the Internet search reveals. Whatever you do, don't pay a dime. Most of these lawsuits are scams to get you to untoll the statute of limitations in these alleged dead debts.

 

[Stormdude]

Thank you for the information, this helps a lot...I did look up the attourney as you suggest and he is legit or at least an attorney. The court paperwork/citation looks legit as well and it was served to me at my home by someone tracking me down. Has county clerk stamps and cause no.,, etc... I am pretty sure its legit...That being said.

1. Say I don't dispute, is the amount just that amount of $9,730 dollars that they would put a lein on my home? Or would there be additional amount such as interest, etc..

2. Should I still just ignore even though it looks legit and just wait and see if I get summoned to court? It says I have 20 days to file an answer or a default judgment may be taken against me.

Thank you so much for the help...it really means a lot.

 

[army judge]

Thank you for the information, this helps a lot...I did look up the attourney as you suggest and he is legit or at least an attorney. The court paperwork/citation looks legit as well and it was served to me at my home by someone tracking me down. Has county clerk stamps and cause no.,, etc... I am pretty sure its legit...That being said.

1. Say I don't dispute, is the amount just that amount of $9,730 dollars that they would put a lein on my home? Or would there be additional amount such as interest, etc..

2. Should I still just ignore even though it looks legit and just wait and see if I get summoned to court? It says I have 20 days to file an answer or a default judgment may be taken against me.

Thank you so much for the help...it really means a lot.

Were you served by a peace officer?

If a judgment is obtained, they can tack on interest.

But, Texas is very debtor friendly.

You and your home are constitutionally protected.

They can levy against your bank accounts, but not against pension funds or disability or pension funds.

Therefore, segregate your funds.

You can Google "TX small claims process YOUR COUNTY"

This is a link for Dallas County:

http://www.dallascounty.org/department/jpcourts/3-1/start.php

The Defendant must be served a citation before the suit can commence.

Harris County link:

http://www.jp.hctx.net/civil/filing.htm

You MUST be sued in the JP Court that has jurisdiction in the Place and Precint in the county where you reside.

Check your voters registration card to make sure you have been served (assuming you were served and not scammed) for the JP Court that sits in your county, place and precinct.

If its incorrectly served, you can move to have the suit dismissed.

Finally, if you do go to court, make the entity suing you produce the original note or loan contract signed (or credit card application).

Often they can't, because they buy old, written off debt.

They then scam unsuspecting people into paying.

They buy debt for pennies on the dollar alleged to be owed.

Finally, if you have made no payments on this alleged debt for four years, the SOL protects you.

They will lose in court when you assert that the SOL has tolled (or run).

The statute of limitations on debt for residents of the State of Texas is four (4) years. In Texas, this refers to oral agreements, written contracts (car loans, installment loans), promissory notes and open accounts (such as credit card credit lines).
When does the clock start on the four year statute of limitations?

Texas state laws are more consumer friendly than most states where the statute of limitations starts after the account has been charged off.

In Texas, the Statute of Limitations clock starts on the day the last payment on the account was made. This is often referred to as the 'date of last activity' or DLA.

Example: If the last payment on a credit card was made on January 1, 2005, then the statute of limitations for legal action on the account would expire on January 1, 2009. On January 2, 2009, the debt no longer carries a legal obligation to pay.

Many unscrupulous collection agencies inaccurately report the date of last activity on consumer credit reports or debt validations. In some cases, debt collection agencies have gone so far as to file suit against an alleged debtor after the statute of limitations has expired.

As a result, uninformed consumers may take a default judgement in a legal proceedings and are then required by law to pay the debt owed.
How can you verify the date of last activity for a specific debt?

There are several ways to verify the date of last activity, including:

Check your consumer credit report

Contact the debt collection agency and request the information, via certified or registered (return receipt) letter

Verify your past payments via your banking information

 

[Stormdude]

Once again great info. I obviously came to the right forums/site. I did need to ear something up as my original message was vague. Its not a credit card debt. Its past rent for a home rented two years ago while living in Ireland and the landlord is coming back at me for remainder of contract and a whole slew of items he tacked on (which bogus but ill loose). I lost my job and was forced to move back to the US.... So this isnt a credit card or debt agency. Its my old landlord/home owner comibg after me for money...

Not sure if that changes any of this. But from what your saying this 9k can be slapped on my home as a lien and interest can continue to be tacked on which could end up getting worse, a lot worse

 

[Stormdude]

Once again great info. I obviously came to the right forums/site. I did need to ear something up as my original message was vague. Its not a credit card debt. Its past rent for a home rented two years ago while living in Ireland and the landlord is coming back at me for remainder of contract and a whole slew of items he tacked on (which bogus but ill loose). I lost my job and was forced to move back to the US.... So this isnt a credit card or debt agency. Its my old landlord/home owner comibg after me for money...

Not sure if that changes any of this. But from what your saying this 9k can be slapped on my home as a lien and interest can continue to be tacked on which could end up getting worse, a lot worse

 

[disagreeable]

Before they can successfully collect a judgment from a foreign country, the debt must be domesticated in the US via court process. If you do not believe the amount is correct, appear at the hearing and require verification. If it has already been domesticated and you were not notified, motion for it to be set aside. If no attempt was made to domesticate it legally, they have no standing to collect it in the US.

 

[army judge]

Once again great info. I obviously came to the right forums/site. I did need to ear something up as my original message was vague. Its not a credit card debt. Its past rent for a home rented two years ago while living in Ireland and the landlord is coming back at me for remainder of contract and a whole slew of items he tacked on (which bogus but ill loose). I lost my job and was forced to move back to the US.... So this isnt a credit card or debt agency. Its my old landlord/home owner comibg after me for money...

Not sure if that changes any of this. But from what your saying this 9k can be slapped on my home as a lien and interest can continue to be tacked on which could end up getting worse, a lot worse

I doubt you'll lose, if the dummy pursues this, because he can't prevail.

Prevail meaning, he could get a piece of paper, but not one thin cent.

No, I'm not saying anything close to what you're thinking. There is no way they'll ever collect a dime on that judgment. In fact, those documents probably aren't legit.

Check with the court and see if there is a real lawsuit pending.

If its a foreign judgment, he'll have to domesticate it in a court, or in some cases authenticate it first.

If its older than four years, you can attack it based on the SOL.

Either way, it's easier said than done. If it does get done, passes muster, it'll simply be lodged on your deed. Your home can't be sold to satisfy it. You are protected by the Texas constitution and our homesteader laws. If you're permanently disabled, you should apply for property tax relief, too. It's somewhere in your county.

In short, you have very little to worry about. If you ever sell the home, the lien gets satisfied out of the sale profits, assuming there are any. Unless you own the home outright, this is nothing to worry about, especially if you're struggling to feed yourself.

 

[Stormdude]

You rock and thank you... Irronicly I do own my home outright but due to no work I am contemplating a loan against it.