Notice on my door tonight...I guess I'm being sued?? Texas

[nickifan]

Scotch-taped to the door for all to read, no envelope or folded paper...

"Notice of Service Attempt" that a "State of TExas Supreme Court REgistered Process Server" is attempting delivery of legal documents.
I'm to call between 8 a.m. an d 10 p.m. and they "emphasize strongly" that I should call within 24 hours, or my "failure to do so will affirm your intention to avoid service of process."

It's a cheesy piece of paper and there are two signatures at the bottom -

An A. Romero and a George Romero, so I guess this is the family bizness...

Could it be anything other than a notice of lawsuit??? Should I call asap?

I have about $44K of CC debt that I stopped paying a year ago. Most have gone to collectors and I still get a few voicemails a day but most of the heavy volume has stopped.

I did interview three lawyers a year ago and know who I'd hire...but I kind of hoped this might all just go away...I did ask her a few months back what happens if I get sued and she did say that we'd need to get moving. The tricky part is, of course, I don't have the $1750 fee for a Ch 7. And the timing could not be worse.
I just started a new job (thank you Lord)...but the person I'm replacing leaves Friday and I don't have any backup, so getting away for lawyer visits or court is going to be very tough. Plus I am crazy busy every minute of the day.

Any advice, hugs, or drink recipes appreciated.

[free2breathe]

It's best to go ahead and contact them and let them serve you. There are some things you might be able to do to buy yourself a little time. However, if you don't contact them, whoever is coming after you will be able to get a default judgment depending on the laws in your state.

We found out someone was trying to serve my husband papers in our old state of residence. I contacted the clerk of the court there, and she told us that if we were not actually served the papers, they don't allow the suit to go forward. However, I don't think that's the case in most states.

Also, it's not for everyone (especialy the faint of heart) but filing pro se does work well for some. If you have anything unusual, getting an attorney is definitely a good idea. Will the one you would hire take payments? Once you've completed paying their fee, then they would file the petition for a Chapter 7. Some attorneys are willing to take your collection calls once you've paid the initial retainer payment.

[chicagoannie]

You definitely have time...accept the service and answer the notice. As free2breathe notes, if you ignore this, they will get a default judgment and will likely track down your new employer with an order to garnishee your wages. Your new company cannot fire you for this, but my experience was that it was embarrassing for my employer to find out about a personal financial issue.

[nickifan]

Well, one good thing about living in Texas is that this is a no-garnishment state.

Chicagoannie, what exactly do "I have time" for? Responding to the notice itself or whatever it is they are trying to serve?

[free2breathe]

nickifan check out this sticky thread by HHM http://www.bkforum.com/showthread.ph...-and-Judgments

It gives great info about what to expect and what to do when you are served.

[tcreegan]

Hi Nickifan,

These things have a habit of not going away...come back to haunt you later. Best to get ahold of what they were trying to serve you with.

The "time for" is time to file BK before you get a judgment against you in court.

There will be a "time to" respond to whatever the server has for you.

But if I lived in Texas, I wouldn't worry about a money judgment....seem to be almost impossible to collect. Most property is exempt, they can't garnish wages, about the only thing they can go after is your bank acct. That and put a lien on something.

But it might be something else, best to see what it is and avoid a nasty surprise later!

Tom in Colo