Owe on personal loan

[larry5910]

Jurisdiction

Texas

I owe $3,000 on a personal loan that was incurred in October of 2016. Was paid on time until May of 2017. The creditor filed suit. Wrote letter to the Civil Court explaining why payments haven't been made. Received a summons for pretrial on October 23. My wife and I are on a fixed income. The only income that we have is Social security. What might I expect at pretrial? What should I do at pretrial?

 

[adjusterjack]

Wrote letter to the Civil Court explaining why payments haven't been made.

1 - Writing letters to the court are not proper procedure.
2 - Excuses for not paying are not defenses to owing the money (which you admit).

My wife and I are on a fixed income. The only income that we have is Social security.

Social Security benefits are exempt from judgment so you have a bit of an advantage as it would be almost impossible for a judgment creditor to ever collect from you.

What might I expect at pretrial?

Pretrial is typically an opportunity to reach a settlement with the plaintiff.

What should I do at pretrial?

Not much you can do unless you have money that you can bring to court.

 

[larry5910]

Okay thank you very much for the insight. Will attend Pretrial and see what happens.

 

[army judge]

Okay thank you very much for the insight. Will attend Pretrial and see what happens.

You might also investigate a chapter 7 bankruptcy, the antidote to MOST civil lawsuits.

 

[larry5910]

You might also investigate a chapter 7 bankruptcy, the antidote to MOST civil lawsuits.

Ok will look into that. Thanks

 

[zddoodah]

The creditor filed suit. Wrote letter to the Civil Court explaining why payments haven't been made.

You wrote a letter to the court? Did you also file a proper written response to the complaint?

What might I expect at pretrial? What should I do at pretrial?

"Pretrial" is an adjective that simply means "before trial." In a civil lawsuit, any number of hearings might occur before the trial, and we have no way of knowing what will happen at this particular hearing.

My wife and I are on a fixed income. The only income that we have is Social security.

Was that also the case when you took out this loan a year ago? You told us that you made payment for seven months. How much is left to pay?