[rescue me]

Hello,
I am being sued & any advise will be helpful. I have received notification advertisement from various attorneys to this effect stating they have heard of my pending case from Unifund and that in order to protect freezeing of my bank accounts and wage garnishment and judgement that I need to contact them. I am middle-aged hard worker and live on a very strict budget and this has me very concerned. I own a home with my husband and several years ago went through identiy theft and feel this could be a result of that but not sure. However I feel overwelmed at the moment. I work two jobs one to pay for gas in my car to get to the first job because I cannot afford a better one. If my bank accounts or wages are garnished I would be devastated. What are my options under this at the moment? I have seen several sites about this Unifund and know them to be bottom of the heap debt collectors but do not have the money to hire an attorney. I paid off my house a year ago and refuse to put it up for colletral or get new debt because just the basic bills have me struggling every month but with it paid off I don't have to worry about living on the streets. So what can I do at this point. One letter I received stated the case number but could not find anything in the harris county courts with that case number when I searched their website. I am told that I will receive a summons and that a judgement will freeze the bank accounts until judgement is rendered and since my check is automatic deposit I will be lost. Please advise, Thanks for any help in this situation.

[microbiology]

Hi what happened with your case against unifund?

[rescue me]

Old credit card debt, I tried to negoiate by offering 4000.00 up front, and set up payment plan of 200 a month (all I could afford) they refused. Wanted ove 18,000 (with interest and all the other bs that goes along with it). They wanted a min of 500-800 a month payment or no deal. Told them I did not make that much to pay them along with the other bills (no car note car is over 10 years old, cannot afford a newer one). So used the 4000.00 towards an attorney and other expenses so off to court we go July 7th, I had to pay the attorney 1500 up front and 200 a month from then on depending on the outcome of the case. I don't deny I owe the debt, just that they refused to accept what I thought was a reasonable payment plan over a period. Now they are charging over 6500 in attorney fees along with the orgianl debt which is anyone guess at what it was, no one can tell me... all they want is my bank account, and am in process of changing direct deposit check to another bank. My attorney wants me to file bankruptcy but refuse because did that close to 20 years ago and do not want to do that again, I barely scape by now on everything so it really hard. The attorney really no help except at least I stand a chance of getting fee reduced somewhat or a reasonable payment plan. All I know is a trail date has been set but do not know if jury or judge trial.

[brickdiamond]

File bankruptcy

[brickdiamond]

Answer the lawsuit, with an affirmative defense of statute of limitations. Counter sue Unifund for violating Texas and Federal Fair Debt Collections Practices Act.

Don't worry about garnishment of wages--not allowed in Texas.

Garnishment of bank account can only be allowed after judgment, and after post-judgment interrogatories are not answered by you, and after Unifund's application for appointment of a receiver, and by order of the trial court. Even then, the receiver may only garnish non-exempt assets, which in Texas, and for a person like you, aren't many. In sum, garnishment is a long way off for you. Fight the lawsuit and counter-sue, NOW.