Re: I don't know what to do

Posted by Richard on November 01, 2001 at 20:24:50:

In Reply to: I don't know what to do posted by Donna on November 01, 2001 at 14:08:29:

Is the attorney representing a credit card company (original creditor) or a debt collector for a credit card company - this is important. If it's a collector your options improve dramatically.

If you don't show up in Court and they do, they'll obtain a default judgement against you. A judgement in Texas is good for 10 years and may be renewed.

Their ability to 'perfect' that judgement is determined by your vulnerability. Your 'pension' income cannot be garnisheed. If you subsequently get a job and they find out they can garnishee your wages - to a maximum of 25% per week. If you own real property (home) they can file a lien. They cannot make you sell the property.

I agree with JJ, your general situation sounds somewhat precarious. Typically, bankruptcy attorneys give free consults. Go see a couple of different bankruptcy attorneys and take the lawsuit along with you. In that way you get a couple of legal opinions, it doesn't cost you anything and you will at least know what your vulnerabilities are and what options you have. You will be under no obligation to file bankruptcy from having had these consults.

If you live in a small town, make the effort to go to a bigger town to see these attorneys, it will be worth the drive. Schedule several consults all in the same day.

Please don't just not show up for the court hearing. It's the worst option you have!

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