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martynick · Mar 9, 2008, 10:24 PM

:confused:
I live in Texas I think I am getting ready to be sued by a debt collector. It is citibank. I missed the processor and I'm sure they will make another attempt to deliver the order.
I know wages cannot be garnished in Texas; however, I am concerned about bank seizure or a frozen account.
If they do file a judgement against me, will they immediately go for my bank account or put a lien on my property (I own my home).
I'm not sure how much the debt is now, I think it was almost $2,000 when I stopped making the payments.

Once I receive the court papers, is it best to contact them and try to make arrangements or try to settle for a less amount? Or is it best to just go to court? And will I need an attorney? Or just go alone?

I am a single mother with one son and can't afford them to attack my bank account. I have to have my bank account as my paychecks are direct deposit and it is mandatory.

Thank you!

charlotte234s · Mar 9, 2008, 10:30 PM

They will first probably attach to your bank account to try and get the money, unfortunately..

You should try to settle with them and talk to them, but if you do end up going to court, don't go alone.

martynick · Mar 9, 2008, 10:37 PM

They might attack my bank account IF I do not show up for court and they obtain a judgement? Correct?
If I show up, a judgement will not be placed against me?

I don't have any information on the debt collector because I do not recall receiving any bill notices from a lawyer. Do you think I still have a chance to negotiate a settlement once I get served and contact the attorney direct so that we don't have to go to court?

charlotte234s · Mar 9, 2008, 10:40 PM

They could obtain a judgment against you if you show up or not. You're better off trying to settle with them and set up payments so they don't go after your bank account.

charlotte234s · Mar 9, 2008, 10:40 PM

At least that's what I think, I may be wrong.

martynick · Mar 9, 2008, 10:50 PM

Do u think collectors are still willing to accept a settlement even if they have already filed suit?
I was thinking of contacting them when I get the court papers and discuss.

charlotte234s · Mar 9, 2008, 10:55 PM

Maybe, it's hard to know unless you ask them. I personally would get an attorney first and get their advice though.

LadyB · Mar 10, 2008, 09:24 AM

Go to Bud Hibbs Helps America Hold Debt Collectors to the Law! he is a TX consumer law advocate with a lot of info on the site and help. Also good information at Defending Collection Lawsuits

I would definitely answer the summons on time, and go to court. Sometimes the judge will require the parties to go to another room and try to work out a settlement, you may even be able to ask for court supervised mediation. At this point, however, I would not offer to negotiate before court... they are more likely to work with you fairly if the mediation results are under the judge's supervision and review.