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    Carolsps's Avatar
    Carolsps Posts: 1, Reputation: 1
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    #1

    Jul 28, 2008, 03:04 PM
    Served and confused
    My mother in law is 75 and about 4 years ago she had to stop paying her credit cards due to finances. She was served today with papers and I have no idea where to go from here. She cannot afford an attorney. She is half owner in a mobile home with me and has a car, which is paid off, in her name. All that goes into her checking account is her social security check and a small (less that 200.00 per month) pension payment. My name is on that account also as a signer in case she gets sick and I have to pay her share of the household bills for her.
    I have been reading where people have been advised to close their checking accounts and get cars out of their names. This paper says if you or your attorney does not file a written answer with the clerk by 10am on the Monday next following the expiration of 10 days after you were served, they could get a default judgment. We live in Lewisville, Texas.
    Thank you in advance for any help you can give us.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 28, 2008, 03:49 PM
    Quote Originally Posted by Carolsps
    My mother in law is 75 and about 4 years ago she had to stop paying her credit cards due to finances. She was served today with papers and I have no idea where to go from here. She cannot afford an attorney. She is half owner in a mobile home with me and has a car, which is paid off, in her name. All that goes into her checking account is her social security check and a small (less that 200.00 per month) pension payment. My name is on that account also as a signer in case she gets sick and I have to pay her share of the household bills for her.
    I have been reading where people have been advised to close their checking accounts and get cars out of their names. This paper says if you or your attorney does not file a written answer with the clerk by 10am on the Monday next following the expiration of 10 days after you were served, they could get a default judgment. We live in Lewisville, Texas.
    Thank you in advance for any help you can give us.

    If the debt is legitimate you have no defense against a Judgment. Texas is odd in that a "homestead" cannot be liened BUT, instead, the Judgment is recorded and that creates what is called a cloud (problem) with the title and in theory that cloud must be cured in order to sell the property. I am not certain if mobile homes fall into that category.

    Her pension can be seized or liened against; her SS check cannot. Her car can be liened.

    I am not familiar with Texas law and hopefully someone else is but I think before making a decision on how to proceed I would consult with a Texas Attorney (a one visit, what should I do appointment) and decide what to do next. I would hate to see you re-title the mobile home for no reason; I would hate to see you NOT re-title the home and have a problem.

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