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
