a credir card company sold my account to a collection agency and they came to my house with a citiation that stated I was now served and was supposed to be in court had not heard from debtor in almost 2 years
Chapter 13 Bankruptcy Attorney
It sounds like you are being sued on the debt. You have a few options: 1) defender yourself in the lawsuit if you have some grounds to challenge the validity of the debt, 2) negotiate with the collection agency to either make monthly payments or a lump sum payment, 3) do nothing and receive a default judgment. Having a judgment allows your creditor to use a variety of means to collect from you. It's always good to discuss these questions with a local attorney who is familiar with TX state law. In the mean time, here's a website with some helpful information: http://www.westonlegal.com/judgmentsintexas.htm
My answer is for only informational purposes and is not legal advice. I am licensed to practice law in Oregon and I recommend contacting a local attorney for the best help with your legal questions.
Chapter 7 Bankruptcy Attorney
A creditor has to obtain a court judgment against you before they can collect, BTW, you are the debtor and the collector is known as the creditor. If you are being sued, you need to carefully comply with court procedures to oppose the debt to avoid paying the judgment. If the debt hasn't been paid in several years, you may have a defense known as statute of limitations.
This is a state law that provides that debts that haven't been paid for a certain number of years are eligible for a defense that too much time has elapsed. You can find out how long this time period is with a quick search on the internet using the phrase "statute of limitations" and the name of your state.
Hope this perspective helps!
6 lawyers agree
Yes, they can. You need to respond to the Court about that citation, otherwise you lose. Then they go after your money.
This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.
4 lawyers agree
Debt / Lending Agreements Lawyer
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
A creditor must sue you, personally serve the suit papers to you, wait for you to answer, and win at trial before it can get an award giving it the right to record a judgment.
Keep in mind that Texas is an extremely debtor friendly state. Nobody gets your house except the lender and the IRS. Nobody gets your car except the lender and the IRS. Nobody gets your wages except the IRS and child support. Nobody gets your pension/retirement/401k/IRA except the IRS. Most people don't have any thing more than that, so there is nothing to get to satisfy a judgment. HOWEVER, a judgment is good for 10 years and can be renewed. Also, the judgment is accruing interest and is being reported to the credit bureaus. The creditor is hoping that one day you will have some money saved for a large credit-based purchase (car or house). When you apply for that loan, the judgment creditor will learn you have cash and will then try again to get you to pay.
This comment is given for educational purposes only. No attorney-client relationship exists between us.
9 lawyers agree
Ms Trevino's answer is right on. What I would add is that since you are being sued by a collection agency you have an excellent chance of winning the lawsuit if you hire an experienced attorney. Specifically, an attorney who has successfully defended these suits. Check WWW.NACA.net for local attorneys with consumer credit expertise.
I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.