[lwjmonroe]

I have received a notice that I'm being sued for three credit cards. I stopped paying them approx five yrs ago... could not afford to pay them after my marriage ended. I have no money for a lawyer and will have to handle this in court myself. I live in Texas. Can you tell me what steps to take? Someone told me that if a collection agency buys your acct from the original creditor and they try to sue you, your defense can be that you did not enter into a contract with that agency and they have no right to sue you... is that true? Thanks in advance.

[cdad]

It sounds like what you may need to do is claim bankruptcy. You need to see a lawyer for that. Otherwise they can take what they feel is just to get the debt paid if they garner a judgement. Attaching your wages etc. They may ask to settle it and offer a settlement for it. In that case they will want a payment plan etc. Only you know where your finances are at this time.

[ScottGem]

No that is not true. Selling debt is a valid transaction. Yourobligation to pay your debt goes to however currently owns the contract. And they can sue you for that debt.

There are lots of threads on this subject on this site. I suggest browsing around and see the advice offered, then, if you have specific questions, ask.

[lwjmonroe]

It sounds like what you may need to do is claim bankruptcy. You need to see a lawyer for that. Otherwise they can take what they feel is just to get the debt paid if they garner a judgement. Attaching your wages etc. They may ask to settle it and offer a settlement for it. In that case they will want a payment plan etc. Only you know where your finances are at this time.

I can't afford a lawyer... that is not an option. I saw this on another site... can you tell me more about it?
If the lender has violated certain laws or failed to follow the correct court procedures, debtors may be able to have the lawsuit dismissed without filing an answer. Especially depending on notice requirements for such a lawsuit and the bank's failure to attach the original contract to the complaint, it may be worth filing a Motion to Dismiss the case based on these procedural failures. Just as when homeowners in foreclosure request the bank to "produce the note," people being sued by credit card agencies can do the same.

[ScottGem]

As I said there are lots of threads here that deal with this. The facts are that the plaintiff has to prove three things; 1) that the defendant incurred the debt, 2) that they have a right to collect that debt and 3) the amount of the debt. If they cannot prove all three, you can ask for a dismissal.

You have to answer the summons. You respond to the court with a notice of Intent to Defend. You then send a copy of that notice to the plaintiff with a request for verification of the debt.

What often happens is that the debts were bought for pennies on the dollar. And that the original creditors do not have or do not forward the original contracts or proper documentation. When you challenge the plaintiffs, they sometimes do not have documentation to prove those three items. If they don't produce them at or before your hearing you can ask for a dismissal.

Suits will not be dismissed for procedural problems. If you were not served properly or the paperwork was not filled out properly, the court will require the plaintiff to correct this and refile.

So you have two possibilities here. Either they can't produce the documentation or they can. If they can you get a judgment against you. If they can't you can get a dismissal.

[lwjmonroe]

As I said there are lots of threads here that deal with this. The facts are that the plaintiff has to prove three things; 1) that the defendant incurred the debt, 2) that they have a right to collect that debt and 3) the amount of the debt. If they cannot prove all three, you can ask for a dismissal.

You have to answer the summons. You respond to the court with a notice of Intent to Defend. You then send a copy of that notice to the plaintiff with a request for verification of the debt.

What often happens is that the the debts were bought for pennies on the dollar. And that the original creditors do not have or do not forward the original contracts or proper documentation. When you challenge the plaintiffs, they sometimes do not have documentation to prove those three items. If they don't produce them at or before your hearing you can ask for a dismissal.

Suits will not be dismissed for procedural problems. If you were not served properly or the paperwork was not filled out properly, the court will require the plaintiff to correct this and refile.

So you have two possibilities here. Either they can't produce the documentation or they can. If they can you get a judgment against you. If they can't you can get a dismissal.

Ok, where do I get a notice of Intent to Defend? Do I find that online someplace or is it a form I'll get at the courthouse?
Speaking of being served properly... don't they have to make sure the papers go to the person who's name is on them? The woman just left these with my teenage son... I was not even home at the time.
Thanks again.

[ScottGem]

What court is this? Some courts are more formal then others. A simple letter stating your intention to defend against the suit and requesting a hearing should suffice.

Legal service varies by area (just as laws do). Handing the summons to your son would probably satisfy. And even if it didn't, you now know about it so the point is moot. Illegal service only becomes an issue if they are given a default judgment because you were not aware of the suit.

[lwjmonroe]

What court is this? Some courts are more formal then others. A simple letter stating your intention to defend against the suit and requesting a hearing should suffice.

Legal service varies by area (just as laws do). Handing the summons to your son would probably satisfy. And even if it didn't, you now know about it so the point is moot. Illegal service only becomes an issue if they are given a default judgment because you were not aware of the suit.

Not exactly sure what you mean by what court it is... at the top of the first page it says "ORIGINAL JUSTICE CITATION" and under that is The State of Texas.

[ScottGem]

It should say something like Civil court, District court etc.

[lwjmonroe]

It should say something like Civil court, District court etc.

At the bottom it says something about civil court. I found a sample intent to defend letter on line and I'm going to use that and go tomorrow to take it to them.

[ScottGem]

What EXACTLY does it say?

[lwjmonroe]

at the bottom it says something about civil court. I found a sample intent to defend letter on line and I'm going to use that and go tomorrow to take it to them.

They had the intent to defend forms in the office and I filled it out... they told me to mail a copy to the attny and they'd send me a court date... she also said they were so back logged, it would be at LEAST three months before I heard from them!

[ScottGem]

Mail a copy to the plaintiff asking for verification.

[lwjmonroe]

Thanks for your earlier help. I went to court and now have another question... an attny was there to represent asset acceptance and he asked me if it was all right with me if he requested a continuance as he did not have the records he needed from Chase... not really knowing what to say, I agreed... I wonder now if I should have asked for a motion to dismiss right then and there. I know the SOL is coming up quickly for this debt. Anyway I got a letter re-scheduling the court date for April and I got one from Chase with a copy of the supeona asset acceptance sent to Chase requesting the records... that letter also said they would comply and send the records unless I got a court order preventing that or I filed a motion to quash... can you tell me more about this motion to quash? Is this something I can do myself?

[lwjmonroe]

I went to court and now have another question... an attny was there to represent asset acceptance and he asked me if it was all right with me if he requested a continuance as he did not have the records he needed from Chase... not really knowing what to say, I agreed... I wonder now if I should have asked for a motion to dismiss right then and there. I know the SOL is coming up quickly for this debt. Anyway I got a letter re-scheduling the court date for April and I got one from Chase with a copy of the supeona asset acceptance sent to Chase requesting the records... that letter also said they would comply and send the records unless I got a court order preventing that or I filed a motion to quash... can you tell me more about this motion to quash? Is this something I can do myself?

[twinkiedooter]

You should not have agreed to the continuance. Big mistake. The fact you say it's coming down to the wire of the SOL means nothing since they have already file the lawsuit so forget that option. You do need to file a Motion to Compel Documents and when they don't produce documents THEN you file a Motion to Dismiss. A Motion to Quash is NOT the same as a Motion to Dismiss. You will need a hearing once they don't produce the documents and then present the Motion to Dismiss to the Judge at that time.

Motion to Quash is used when improper service was obtained and is not pertinent to your present case.

[lwjmonroe]

Thanks. How do I file the motion to Compel documents? Is that sent to the court or to Chase or to Asset Acceptance?

[lwjmonroe]

How do I go about filing a motion to compel document in Texas? Is it sent to the court or to the company that bought my credit card account?

[ScottGem]

First, if you were ready for the hearing you should have not agreed. But most likely the court would have granted it anyway. And the SOL is no longer an issue. Once they filed the suit the clock on the SOL stopped.

You need to have grounds for a motion to quash. What grounds do you have?

[lwjmonroe]

I'm not even sure what a motion to quash is, to be honest. What grounds would be acceptable? Someone else said I needed to file a motion to compel documents... should I do that instead of the motion to quash?