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-   -   Received a citation for credit card debt (https://www.askmehelpdesk.com/showthread.php?t=187162)

  • Feb 22, 2008, 08:42 PM
    HiyaTx
    Received a citation for credit card debt
    I was served with a citation stating that I am being sue for a credit card debt. I live in Texas. What should I do at this point? I am needing to know if my bank account can be frozen or my wages can be garnished? I can not afford an attorney. Should I prepare a written statement and mail it? Should I call the Justice of the Peace that is on the citation? Help please.. :)
  • Feb 23, 2008, 01:53 AM
    xHypoCondriacx
    OK, first thing, take a big, deep breath and try to settle your nerves
    A little. I've been in your shoes, and while it's not a pretty
    Situation, I learned a lot from it.

    You have rights, Knox, and the first thing to help you in getting this
    All straightened around is knowing your rights. Let's get to it.

    You are protected by a federal law called the Fair Debt Collection
    Practices Act (FDCPA):

    Fair Debt Collection Practices Act
    The Fair Debt Collection Practices Act

    Are lawyers collecting a debt bound by this law? You betcha. They
    Have to play by the rules too, and you can get a good explanation of
    This right from a lawyer:

    What Debt Collectors Are Covered By The Act
    The Fair Debt Collection Practices Act (FDCPA)

    The FDCPA clearly states that debt collectors may only contact third
    Parties to verify your location and/or telephone number, and they may
    Only contact a given third party ONCE.

    They MAY NOT tell any third party about your debt - neither what you
    Owe nor that you owe anything at all. Telling a third party about
    Your debt violates Section 804(2) of the FDCPA:

    Gathering debtor's location information 3rd Party Contacts - Section 804
    Debtors rights; 3rd party contact is illegal

    Debt collectors MAY NOT use threats or intimidation to hasten your
    Payment of your debt. They cannot demand you call family or friends,
    They cannot threaten to "sue you tomorrow", they cannot tell you to
    Shut up, call you names, yell at you, or otherwise use abusive
    Tactics. This is covered by:

    Debt Collection and Creditor Harassment Abuse Laws - Section 806 of the FDCPA
    Debt collection harassment laws against phone and email harassment

    The 17 false or misleading tactics are prohibited according to section
    807 of the FDCPA
    Debt collectors deceptive harassing tactics violate the fdcpa!

    So, how are you supposed to get these guys to leave you be?
    Easy-peasy: Document, document, document. Start screening all of
    Your calls for now - let them go to voice mail/answering machine. DO
    NOT call them! No, you MAY NOT tape future phone calls without
    Telling the collector you're doing so. Just screen your calls for a
    Little bit, it's not illegal and it will help lessen your anxiety.
    BUT! If they leave abusive messages, you may make tapes of those.

    In the meantime, you can invoke your rights under the FDCPA with a
    Cease and desist letter to the debt collector:

    What If You Don't Want The Collection Agency To Contact You?
    The Fair Debt Collection Practices Act (FDCPA)

    As tempting as it might be to thumb your nose at the debt collector,
    DO NOT tell them "go ahead and sue". They may very well do exactly
    That, and if you intend to stand a snowball's chance of making some
    Sort of reasonable settlement arrangements on terms that won't break
    You, you need to be able to show that you're making a good faith
    Effort to pay. Offering to make arragements: Good. Document this,
    Making note of the precise arrangements you've offered (amount
    Monthly, by what date, and the fact that you were rebuffed). Getting
    Belligerent with the collectors: Very, very bad. Don't do that.

    (Aaron Larson's entire explantion of the FDCPA is a must read. Start here:

    The Fair Debt Collection Practices Act (FDCPA)
    The Fair Debt Collection Practices Act (FDCPA) )

    Send your letter by certified mail, return receipt requested, and keep
    Several copies for yourself in a safe place. When you get your return
    Receipt back, put it with these copies.

    File a complaint with the FTC. Describe the nature of the violations,
    With dates and copies of any correspondence (including the cease
    Contact letter above), and send it to:

    Federal Trade Commission
    One Bowling Green Ste. 318
    New York, NY 10004

    If you're not sure about what to send, you can call the FTC for more
    Information. They're very nice, and will explain what you need to
    Know:

    1-877-382-4357 (877-FTC-HELP)

    Of course, that still leaves the debt. What if they do sue? Can they
    Get to your meager wages?

    Yes, they can. You are NOT judgement proof. But first, they have to
    Sue and win, then file for wage garnishment. Wage garnishment
    Essentially orders your employer to pay no more than 25% of your
    Paycheck to the local sheriff, who then forwards it on to your
    Creditor.

    NOLO explains it (for those seeking to garnish someone's wages) here:

    Collect Your Court Judgment With a Wage Garnishment
    Collect Your Court Judgment With a Wage Garnishment

    Note that low income folks are granted additional protections - their
    Take hom pay after garnishment must be 30 times the prevailing minimum
    Wage. Also, you may file an objection to the garnisment in court, on
    The grounds that you need the money for your own support.

    Although you should certainly prepare to be sued (consult an
    Attorney!), it's possible that it won't get that far. Taking someone
    To court is a great hassle for most debt collectors. It's entirely
    Likely that they'll simply sell your debt off to another collector,
    And you'll have to begin all over again. (This is what happened to
    Me. The third collector was amiable and willing to work out payment
    Arrangements, and - yippee! - seven years later everything was paid in
    Full, and we got out of the experience much, much wiser, with our
    Dignity intact.)

    Is bankruptcy right for you? Only you and your attorney can answer
    That question. Do keep in mind that bankruptcy is supposed to be
    Considered a last resort, and it will leave a nasty mark on your
    Credit report for 10 years after your debt is discharged.
    Additionally, bankruptcy will not get you out of your student loan
    Obligations, and may make it difficult for you to buy a car or a home,
    Or even get a job, as many employers check your credit as a condition
    Of employment. Please consider your options very carefully with the
    Help of an attorney.

    I hope this answer has been helpful to you. There is light at the end
    Of the debt tunnel, it just might take a while to get to it. Hang in
    There!

    If I can be of further assistance, please don't hesitate to ask.

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