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Home > Money & Services > Credit   »   Texas Laws on Credit Card Judgment

 
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Old May 17, 2008, 09:28 AM
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Texas Laws on Credit Card Judgment

I was served papers saying that Discover has sued me. I never received an intent to sue letter or anything.
I got behind on some payments last year, brought the account up to current last November, then called them for help lowering my 29% interest rate. They would not lower it or help me in any way.
I asked my options and they said to pay in full or keep making payments with 29% interest. I asked if I closed my account if interest would stop accruing and they said yes and that I could still make monthly payments. So I did close my account. I continued to pay each month according to the statements they sent me every month.
They turned my account over to a collections agency who wanted the entire amount since I had closed my account. Discover continued to send statement and I continued to pay them monthly. I was served papers the other day that the collection agency/attorney is seeking a judgment against me for over $8,000.00, although my balance is less than that now. I called them and they would not even talk to me until I told them where I worked and how much money I made per month, while trying to get me to commit to paying the balance.
They said Discover had only reported one payment to them for $155.00, when in fact I had paid over $2,900. I faxed them the information and am waiting for a response.
The court paper said something about a trial, but there was no trial date posted on the papers.
Question: What are the laws regarding judgments in Texas???
I know that if I sell my house they can take what I owe from the proceeds, but I don't even intend on selling. I'm here for life!
Can they garnish my wages from my little part-time job? Can they garnish my husbands' wages if he is not listed on the credit card and it was mine before we married??

Can they find my (and our joint accts.) bank accounts and just take money from them? Should I take our monies out of the banks?

I am frazzled and have never had this problem before. It has made me very depressed and although my husband says we will survive, I feel like I have been lied to, chewed up, and spit out by the credit card company. Now my credit is ruined and I feel like there is nothing I can do and all of the other credit companies will soon drop me and my accounts and do the same thing to me.
What can I do??

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Old May 17, 2008, 11:07 AM   #2  
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You need to read the papers you were served carefully.

They should be telling you one of two things.

First, they will indicate a hearing date, time, and place.

Or, it will ask you to respond by a certain date as to if you plan to defend yourself in the suit.

Either way, you need to answer, or appear as instructed in that form you were served.

I'm not sure about Texas law regarding garnishment or bank levy, you should do some research on those topics in the meantime.

Good Luck to you!
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