Okay, a court summons was left taped to my door on Dec. 14th, and I have until this upcoming Monday to respond. I've already spoken to a lawyer and at this point he recommends bankruptcy because I don't remember enough about the debt and also lack any documents to back up any claims that I may make in my defense.
Because of this, I've opted to do nothing about the summons and to allow the collection agency to get a default judgment.
Right now I can't afford to file for bankruptcy. I'm not even sure if I'll qualify to file under the new law, but that isn't what I'm most worried about because, again, I can't afford to pay for a bankruptcy right now anyway. I'm going to have to save up for it, and I'm told it costs, on average, around $2000.
My question is this:
What can the agency do with a default judgment within the state of Texas? I know that different states have different laws when it concerns this sort of thing and that exempt property is usually protected property, especially when it's a default judgment given against an unsecured debt (which this is).
So what is exempt property in the state of Texas? I've gotten contradictory information looking it up around the internet, but I've basically had some people tell me this:
1) a home in which you own and live in is exempt property
2) wages are exempt property (so no wage garnishment)
3) one motor vehicle to every member of the household who is eligible to drive is exempt property
Those are the three main things, and I wanted confirm or deny it. Just about the only thing I've "learned" they can do is to put a lien on any extra property that I may own (which I don't) and to place a levy on any checking accounts that are in my name.
If anyone who is familiar with Texas state law in this regard could and would help me validate this information and who could also give me more information about just what they can or can't do within the state of Texas, I would greatly appreciate it. Obviously, I'm not in a very good financial situation and there isn't a whole lot I can do right now. I just don't have the money. A little peace of mind would help.
Thanks in advance.
Because of this, I've opted to do nothing about the summons and to allow the collection agency to get a default judgment.
Right now I can't afford to file for bankruptcy. I'm not even sure if I'll qualify to file under the new law, but that isn't what I'm most worried about because, again, I can't afford to pay for a bankruptcy right now anyway. I'm going to have to save up for it, and I'm told it costs, on average, around $2000.
My question is this:
What can the agency do with a default judgment within the state of Texas? I know that different states have different laws when it concerns this sort of thing and that exempt property is usually protected property, especially when it's a default judgment given against an unsecured debt (which this is).
So what is exempt property in the state of Texas? I've gotten contradictory information looking it up around the internet, but I've basically had some people tell me this:
1) a home in which you own and live in is exempt property
2) wages are exempt property (so no wage garnishment)
3) one motor vehicle to every member of the household who is eligible to drive is exempt property
Those are the three main things, and I wanted confirm or deny it. Just about the only thing I've "learned" they can do is to put a lien on any extra property that I may own (which I don't) and to place a levy on any checking accounts that are in my name.
If anyone who is familiar with Texas state law in this regard could and would help me validate this information and who could also give me more information about just what they can or can't do within the state of Texas, I would greatly appreciate it. Obviously, I'm not in a very good financial situation and there isn't a whole lot I can do right now. I just don't have the money. A little peace of mind would help.
Thanks in advance.
Most lawyers also offer payment plans. Also, if you are really impoverished, you should check with the local bar association. In our area, there are lawyers who donate their time to help needy people file for bankruptcy. They give awards out to lawyers who serve the community in this way. We are paying the lawyer $1000 for his services, but I originally found him by researching on the internet and seeing all the good pro bono work he has done to help others. Also, some members on the board have filed pro se and bought a book to help them (which you may find at the library). I read you can even file a waiver to get the filing fees removed.
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