How do I handle collection agency bogus court papers?

Question

I had an unsecured credit card for over 7 years; however, after we moved, I've been unable to pay anything on this account since 2003.
Out of the blue I received a summons to appear in court from a collection attorney who claims I owe a whole different co. than the original one. I could not afford an attorney of my own, & from what I understand, an unsecured credit card in Tx. statute of limitations is 3 yrs.
I filed a written answer to the court. Since that time, the collection attorney has requested a continuance 3 times, in order to come up with significant documentation that I owe this amount. I have a signed paper from the judge that the case was continued; However, I received a letter from the collection attorney yesterday claiming the court convened & judgement was ruled against me. Also that I have non exempt property they are going to seize, & that I have to respond in 10 days to work out a payment arrangement.
Should I answer them, or go to the real court date?

Answer 1

Ohhhhh, they dug their own grave it sounds like. Violations galore.

Go to the county court clerk and request a "complete" copy of the case file. Do that ASAP

From what you stated the letter said, I'm betting that there is no judgment filed.

If I'm correct, look for a lawyer that is well versed in consumer credit laws << very important that the lawyer knows consumer credit laws. Many lawyers will give a free first consult - ask about that when you call.

The lawyer will look over your court papers and that letter (and if you have your current credit reports take copies of them with you). If there is no judgment filed, I'm fairly certain the lawyer will take it on a contingency basis.
I'm not up on Tx. RCP (rules of civil procedure) or where you are at in the case, but the lawyer may try to file counterclaims for the collectors violations

If the lawyer takes it on contingency and you win, the lawyer should/could request the court that the collector pays all fees including his/hers. If you lose you would have to pay all fees and the lawyer.

You may have quite a few counterclaims against them.
For example - filing suit on a time barred debt, sending that threatening letter, claiming they will take action on something they know they cannot (seizing property), false & misleading statements (claiming there is a judgment when there isn't), etc., etc., etc.

They cannot seize property for unsecured debt and there is no wage garnishment in Tx. Though bank accounts may be fair game.

edited to add
If there actually was a court date and you were not notified, you may be able to have the judgment vacated.

Answer 2

YOU absolutely need to get an attorney. Try to call the state and get one that specializes in low income cases. Or make some calls because some lawyers take cases that they know they can win and you don't have to pay them until it is over.

You're going to lose everything if you don't get a lawyer... don't be so foolish!! They can put a lien on everything you have if you don't fight back.

Answer 3

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