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I received a notice of default hearing. The case is target national bank against me. What should i do?

Denton, TX |

I did not answer the original petition as I made a deal with them to pay. I have not made payments in a few months. The notice of default states that I failed to file an answer in the above mentioned case.

Attorney Answers 4


  1. Even if you agreed to pay off the debt, a lawsuit was still filed against you--and it has to be dismissed or litigated to a close. You should contact an attorney IMMEDIATELY to get an answer on file or negotiate a dismissal with the plaintiff's attorney--to the extent you are still making payments. If you allow a default judgment to be taken against you--you will lose any potential defenses you may have. If you "made a deal" to pay out the debt, make sure it is in writing to protect yourself later down the road. Good luck.

    This answer does not create an attorney-client relationship for purposes of representation, privileged communication, liability, or otherwise. This statement was based on general assumptions that may not apply to the specific facts of your case, so it is not advisable to act upon this response without further discussion. If you would like to explore this matter further, please contact Mr. Ivy through the contact information provided in his profile, or visit his law firm's website: www.mccormickhancock.com


  2. You should retain an experienced banking lawyer right away to file an answer on your behalf, or if the default has now been taken, a motion to set aside the default and then file an answer. At the same time the lawyer can contact the bank's lawyer and try and work out a settlement or reinstatement of the prior agreement, although if you subsequently missed payments, they may be reluctant? Make sure that any settlement is contained in an enforceable written agreement that binds you and the bank.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  3. It appears that your creditor is headed towards winning a default judgment against you. Depending on the rest of your financial situation, now might be a good time to consult a bankruptcy attorney. Whether bankruptcy would be right for you would depend on a few factors, not least of which is how much you owe and your assets. If you have any questions about the process I would be happy to help. Hope this helps and I wish you the best of luck!

    The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.


  4. You should consider hiring an attorney to fight the case well before the default hearing. If you made a deal with Target to pay, they likely tried to get you to sign an 'agreed judgment'. Hopefully you didn't. If you did not sign that, then there is still time to fight the case. You should consider hiring a debt defense lawyer as soon as possible.

    My comments are not legal advice and are for informational purposes only.