Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Unpaid credit card lawsuit (https://www.askmehelpdesk.com/showthread.php?t=297944)

  • Jan 1, 2009, 07:30 PM
    missyo12
    Unpaid credit card lawsuit
    I live in Texas and today I was served with a lawsuit for an unpaid credit card balance.:mad: I have to answer in ten days, can they garnish my wages or put a lien
    On my home?
  • Jan 2, 2009, 04:09 AM
    missyo12
    Unpaid credit card debt
    I live in Houston, Texas and I was served papers for an upaid credit card debt. Can they garnish my wages or put a lien on my home?
  • Jan 2, 2009, 07:40 AM
    JudyKayTee
    Quote:

    Originally Posted by missyo12 View Post
    I live in Houston, Texas and I was served papers for an upaid credit card debt. Can they garnish my wages or put a lien on my home?



    No, you can't file a garnishment against wages in Texas nor can you lien against real property. However, once the judgment is filed it clouds the title for the property and makes it very difficult to sell that property.
  • Jan 2, 2009, 07:40 AM
    JudyKayTee
    Quote:

    Originally Posted by missyo12 View Post
    I live in Texas and today I was served with a lawsuit for an unpaid credit card balance.:mad: I have to answer in ten days, can they garnish my wages or put a lien
    on my home?



    Should be combined with other thread - this gives more detail.

    Please post each question once.
  • Jan 2, 2009, 07:42 AM
    J_9
    <threads merged>
  • Jan 2, 2009, 07:56 AM
    ScottGem

    As noted Texas does not allow garnishment for unsecured debt. And most states will not allow lien or attachment of a primary residence. But they can attach bank accounts and they can maintain the judgement for 10 years or more so if your circumstasnces change they can swoop in.
  • Jan 28, 2009, 06:46 AM
    hallreview
    You should contact a lawyer ASAP. Can they garnish your wages, no. Can they put a lien on your home? Yes, but they can't foreclose on that lien. If the creditor gets a judgment against you, that judgment can be reported to the credit bureaus forever. (not just seven years, like some people think.) The majority of these credit card lawsuits are bogus. They can't provide any documentations, such as the original credit card contract, monthly statements, charge receipts, etc. I used a lawyer to beat one, and the credit card company eventually dismissed it completely. {Advertising removed}
  • Jan 28, 2009, 07:54 AM
    JudyKayTee
    Quote:

    Originally Posted by hallreview View Post
    You should contact a lawyer ASAP. Can they garnish your wages, no. Can they put a lien on your home? Yes, but they can't foreclose on that lien. If the creditor gets a judgment against you, that judgment can be reported to the credit bureaus forever. (not just seven years, like some people think.) The majority of these credit card lawsuits are bogus. They can't provide any documentations, such as the original credit card contract, monthly statements, charge receipts, etc. I used a lawyer to beat one, and the credit card company eventually dismissed it completely {removed} !


    You are wrong on several counts - a Judgment does NOT stay on a credit report forever.

    I have no idea where you get your stastics on the number of bogus lawsuits and would like to see them.

    You can't advertise on this site, which is what you have done.
  • Jan 28, 2009, 08:19 AM
    ScottGem
    Quote:

    Originally Posted by hallreview View Post
    If the creditor gets a judgment against you, that judgment can be reported to the credit bureaus forever. (not just seven years, like some people think.) The majority of these credit card lawsuits are bogus. . {Advertising removed}

    First, Advertising is not allowed here so all your other posts that were nothing more than ads were removed. Second, we pride ourselves on the accuracy of the advice we give and the above two statements are not accurate.

    The atty's name you mention sounds familiar and I suspect he has tried to get advertising poisted here before. But I have no proof of that right now so I'll give you the benefit of the doubt. But further violations will result in banning.
  • Jan 28, 2009, 08:44 AM
    hallreview
    Scott and Judy, You are both totally wrong about judgments. A judgment can be reported to the credit bureau forever, until it's paid. All that a creditor needs to do is renew the judgment every 5-10 years (depending on the state), and the judgment stays on the credit report. It falls off after 7 years only if it's not renewed. You should be more careful about your "advice" because you don't know what you're talking about.
  • Jan 28, 2009, 09:04 AM
    JudyKayTee
    Quote:

    Originally Posted by hallreview View Post
    Scott and Judy, You are both totally wrong about judgments. A judgment can be reported to the credit bureau forever, until it's paid. All that a creditor needs to do is renew the judgment every 5-10 years (depending on the state), and the judgment stays on the credit report. It falls off after 7 years only if it's not renewed. You should be more careful about your "advice" because you don't know what you're talking about.


    "Forever" is not five to 10 years with one renewal of the same time frame. Scott and I never said it would "fall off" after seven. It will stay on the report until it is paid OR it expires. Either category is not "forever."

    I'm waiting for your statistics and sites on bogus claims.
  • Jan 28, 2009, 09:34 AM
    ScottGem

    Again you need to check your facts. Any entry on a credit report is supposed to be purged after 7 years. It may be renewed by the creditor depending on state law. But its not automatic that it stays on the credit report. In addition the debtor can protest it and it will be removed unless the plaintiff verifies the judgement.
  • Jan 28, 2009, 09:43 AM
    JudyKayTee
    [QUOTE=Comments on this post
    hallreview disagrees: Totally wrong
    .[/QUOTE]



    Like, OMG, totally revenge.

    Also like, OMG, can't figure out the rules.
  • Jan 28, 2009, 09:50 AM
    ScottGem

    Comments on this post
    hallreview disagrees: Totally wrong

    First, may I call your attention to the guidelines for using the comments feature found here:

    https://www.askmehelpdesk.com/feedba...ure-24951.html

    You are on very thin ice here. First you join this site and immediately violate the rules by spamming an ad. Then you violate the rules for use of the comments feature. And you are posting insults.

    I strongly suggest you review the rules if you want to last on this site.

  • All times are GMT -7. The time now is 05:35 AM.