My husband has been sued by Dodeka, llc and they won, the judge didnt even take the time for the case basically. Now they have sent the information to another collection agency in the state we live in(Tx) to collect. In the documents, I am reading the words: "abstract all real property", "Writ of Execution". The Burroughs Law Firm says we are being served with a subpoena by "Notice of Intention to take Oral Deposition with Subpoena Duces Tecum" (english please) and a "Request for Admissions". Then at the bottom of this letter it states the usual collection spill about we have 30 days to dispute in writing the validity of the debt, blah, blah, blah and we can use the alternative method to settle the matter w/o further action taken.
I need help, I dont want to lose my home, or have my bank account frozen. I am stuck, not sure what to do or do I just call them and deal with a payment plan with them and in the end, they can charge up to 18% interest yearly.
All of this for $3708.31, I dont want to pay it but do not have a choice or at least I feel I don't. I know we had a cc in 2004 but cannot tell you when the last payment was made and the financial troubles we went thru at that time, we managed to keep our home, and automobile.
I know collection agencies will use any tactics they need to but this letter I feel is threatening to me and my family but it seems everything I read about Dodeka LLC it scares people enough to just pay them and get them out of their lives, but are they ever really gone?
Where do I go or turn?
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From what you have written, it appears your husband appeared for trial without an attorney and Dodeka got a judgment. The writ of execution means the court has given them the right to find and seize whatever assets your husband may have to satisfy the judgment. The notice of deposition means they intend to take your husband's sworn testimony and have asked him bring certain documents, probably bank statements. As for the Request for Admissions, I don't know what is asked in this case, but DO NOT FAIL TO ANSWER. You really need an attorney to help you with those because failure to answer or improper answers will really hurt.
Keep in mind that Texas is an extremely debtor friendly state. Nobody gets your house except the bank 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 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. The creditor is hoping that one day you will have some money saved a large credit 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.
You really need an attorney to help you resolve this matter. I offer free initial consultation.