Check out some similar questions!

JohnnyDo · Aug 26, 2006, 12:46 AM

In Feb 2004 I disputed and then closed a CC account. It looks like that credit card company filed a case against me where I used to live(Texas). I am currently out of the country, I left the States in Jue 2005. The case was filed 4 months after I left the states, (Sept 2005).

Should I hire a lawyer long distance and try to have this case vacated before I return to the states or wait until I return?

It should be vacated based on the fact I was out of the country and thus cannot be sued while in that status, and the fact I was not summoned, nor notified, nor had any way to defend myself from half a world away. (from what I understand)

The only way I found out about this case is doing a name search in the civil courts of the county where I used to live. I did the search because I had someone tell me this could happen without my knowledge, and I wanted to be prepared as I was considering ending my assignment and returning to the states.

mr.yet · Aug 26, 2006, 03:42 AM

It would appear as if the court never obtain jurisdiction over you. Lack of proper service.Yo will have to follow the ecourt rule in Texas and raise that point of Lack of proper service, since you can prove you were out of the country. When you dispute the judgment, note that it is null and void since lack of service is evident.

JohnnyDo · Aug 26, 2006, 03:47 AM

So should I try to hire a lawyer and have them deal with this before I return to the states or just wait until I am stateside again?

mr.yet · Aug 26, 2006, 03:51 AM

If you know a attorney on Texas , contact them prior to returning.

JohnnyDo · Aug 26, 2006, 03:53 AM

Thanks, Guess I can use one of those referral services... as I donot personnally have one. :)