[broncofrank]

I have been served a summons, to appear in my county court because I am being sued by a credit card company for a past debt that was charged off. I have no means to pay a lawyer, and wonder if anyone can help. Can I show up to the court by myself? How do I plead? What is the precoces and what do I stand to lose in the state of Texas (wage garnishment?) please let me know thanks
Frank

[ScottGem]

Texas does not allow garnishmnet for unsecured debt. This is not a crminal matter so I moved your post here.

There are dozens of threads in this, the Credit and Small claims forum from people in the same boat as you. I suggest you browse through them and, if you still have questions post a follow-up.

By the way, the fact the debt was charged off has no bearing on you. And inability to pay is not a defense.

[druboy331]

The previous answer is correct. I used to be a bill collector, and we always hated trying to collect in Texas. It is what we call a debtors heaven. Because wages can not be garnished in Texas. Usually the correspondence and calls you receive are scare tactics to make the uniformed feel that something will happen.

If you Google "Fair Debt Collections Act" no in the collectors world as the fdcpa. This is the laws that protect you from debt collectors. That search will also give the fair debt collections. This is not the real deal but a company trying to get your money.

I recommend finding the fdcpa web site. Print the .pdf file and read it from front to back. You will also find information on the laws that govern how they can contact you(usuallY) on one attempt a day. They call call you at work, but if you tell them not to call you at work again, they can't do it. Violating the fdcpa by the collection agency can result in fines and penalties for them.

I recommened keeping a dedicated journal for each account as ALWAYS right down the name of the person that called. They also have limits as to the time of day they can call.

Also, living in Texas, credit cards can not be garnished, do not let anyone talk you into bankruptcy, this is not the best path. Delinquent credit card debts fall off your report 7 years from the date of last activit. Last activity means any payment you made, not interest or fees they put on. So if you are paying 5 dollars a month, then that keeps the date of last activity current. So just quit paying all together. I recommend pulling your credit report so you know the date of the last activity. Its on all three credit reports. Another thing to do is dispute the debt in about 3 years. By law, if the account in dispute can not be confirmed in 30days it has to be removed. So if, for example, you had a credit card with chase bank, and you have not paid it, they will sell it to a collection agency. This makes the confirmation much more intense, due to the longer paper trail they have to go through. If they confirm it so be it... u tried and it works about 50-75 percent of the time. I did this with so many cards I couldn't pay in the past.

So in short, you can't be garnished, do NOT pay anything, even if they offer you a very sweet settlement do not do it. Because if you settle then the account will show paid and stay on your credit report for 10 years. So in seven years from the date of last activity. You need to pulled your credit report and if it is on there still... write to them and demand it to be removed. By law it has to be removed.

BUT THE MOST IMPORTANT ADVICE I CAN GIVE YOU IS TO NOT PAY ANOTHER DIME ON THE DELINQUENT ACCOUNT. YOU WILL NEVER GET IT PAID OFF AND IT WILL RUIN YOUR CREDIT FOR LONGER.

Trust me on this,, I've done this game twice with over 20k in debt each time. Because after the 7 years you will have a perfect credit score.

Also if you have any credit accounts still in good standing... house mtg, auto loan, another credit card pay them on time. If you are going to be late call them, they are often very helpful. Andi f you have any late payments on active open accounts, your credit report will reflect that which lowers your score, but late payment reporting on your credit reports only stay on for 2 years as long as the account is open and in good standing.

Take care