Officially served papers on Sunday...Citi was the first to get us...

[JEM]

Approx. 11 months since last payment. Ironically, they were one of the smaller debts. I thought USAA would get us first since we owe them the most.

[ryan]

Its interesting that you're in Texas, where they can't garnish wages. It seems if they do get a judgment, and you close bank accts, you're pretty safe. I got sued by Citi after 9 months. I've often wondered if Texas's garnishment laws cause fewer creditors tio sue. I know it does impact on the state's BK rate.

[treehugger1]

My MO also. I got sued by Chiti about 9 - 12 months out. I have to wonder if the law firms Chiti hires are paid by the hour. I have two Chiti judgments against me. My wages are being garnished due to non-Chiti judgments. Chiti has never even bothered to file for a writ against wages, even though they have the two judgments. I have to wonder if the attorney firms are paid by the case. As a result, perhaps the attorneys don't give a sh*t about garnishment, as long as they have the judgment. Strange...

[AngelinaCatHub]

Incorrect process voids your case as you have not been legally served and service on Sunday in Texas is improper.


"According to various laws, service of process cannot be performed on Sundays in Florida, Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time."

http://en.wikipedia.org/wiki/Service_of_process

I believe this little tidbit may just negate your problem for the time being. Get the document of affidavit of process and look to see if it is dated on a Sunday. If not they are lying and do you have witnesses. 'Hub

[Bell30656]

Good catch AngelinaCatHub... My state of course allows you to be served just about anywhere, anytime.

OP, if you are unable to get this thrown out due to process errors, and filing an answer is free in your state. I would certainly file an answer. Even though there are no garnishments in Texas it does add another entry to your credit report under the Public Records section. Those things can haunt you long after you file.

[Freddy03]

My MO also. I got sued by Chiti about 9 - 12 months out. I have to wonder if the law firms Chiti hires are paid by the hour. I have two Chiti judgments against me. My wages are being garnished due to non-Chiti judgments. Chiti has never even bothered to file for a writ against wages, even though they have the two judgments. I have to wonder if the attorney firms are paid by the case. As a result, perhaps the attorneys don't give a sh*t about garnishment, as long as they have the judgment. Strange...

It's probably because (from what I've read for FL) you can only have one wage garnishment at a time. I'm not sure about your state but Chiti (lol) has probably caught word that you have multiple judgments. Once the first judgment has been satisfied I'm sure they will start the garnishment process.

[flyinbroke]

Chiti sued me at the 6 month mark, breaking the landspeed record for filing suit.

JEM I wonder if we have the same "law firm" suing; they like two down here. Mine has had many screw-ups including filing suit after I initiated arbitration proceedings. They did serve me on a weekday though...but gave me a phone number to call and let the person on the other end "which is not the law firm" know I received the summons. I called...it was the "law firm" which hooked me to a collection agent demanding to know how I would be paying the bill or whether I would like to set up payment plans.

Hmmm..wonder if this is a violation...

[JEM]

Interesting. I thought they were allowed to serve on Sunday's. Wonder why I thought that, because I looked it up before. LOL.

I don't know how I'd prove it though because it was taped to our door on Sunday and I saw it when I got home with the kids.

Flyinbroke, it was Michael J. Scott that sued us. According to our attorney, he sues often here in TX.

I admit, I am very nervous about our bank account. Dh has his VA disability DD in there. And I'm not even sure his company does paper checks??

I think we'll be able to file before this gets that far though. I meet with the attorney again next Friday and we'll go from there.

[flyinbroke]

Same here. He is a big lawsuit mill but I have had three consumer lawyers say the firm is extremely disorganized (one called his outfit sloppy.) There are two firms in TX that they use and both crank out several hundres suits a month.

Wonder how much of their evidence will be fraudulent based on the mortgage fake affidavit implosion.

[jbanks]

what happens to you when they sue? what happens when they get a judgement. If you live in a state that doesn't garnish wages, how do they get your money? If they go after your bank account --How do you know when they might do it? after they sue? If you own a home (no equity) do they put a lein on it?

[JEM]

what happens to you when they sue? what happens when they get a judgement. If you live in a state that doesn't garnish wages, how do they get your money? If they go after your bank account --How do you know when they might do it? after they sue? If you own a home (no equity) do they put a lein on it?

TX is a pretty debtor friendly state. If I am not mistaken, they can put a lien on your home, but can't force the sale. As for getting their money in a no garnish state, yes, levying a bank account would be how they get money. I don't think you would know before they do it. They would have to get the judgment first though, they can't just just serve you and then go grab money.

[treehugger1]

Freddy, I've already had several writs of garnishment expire from other judgment creditors, and I have had judgments paid off. Chit did not do Jack. I even tried to help them with the timing. For me, when I'm under a 25% wage garnishment all is quite well. Everyone else gets a middle-finger salute. I guess Chiti likes to be saluted. LOL

[AngelinaCatHub]

Freddy, I've already had several writs of garnishment expire from other judgment creditors, and I have had judgments paid off. Chit did not do Jack. I even tried to help them with the timing. For me, when I'm under a 25% wage garnishment all is quite well. Everyone else gets a middle-finger salute. I guess Chiti likes to be saluted. LOL

I was just about to bring up that fact that your wages (depending on state of course) can only be levied a certain percentage. They will line up for the next or not at all.

To answer one's post before a suit, a letter of intent to sue is required. It can come in many forms. Check your local laws for details. Then a summons for a hearing and you MUST answer usually in person. If NOT almost always a default judgment will be granted against you. If you plead in agreement, either, an agreement may be strongly suggested by the Judge, or a compulsory mediation, or a Judgment. If you disagree, have at hand believable reason. This would put a bit of time on your side for discovery. If you are going to fight this, discovery is both expensive for both parties. Once discovery is satisfied, the Plaintiff will motion for a trial. The respondent can motion for trial my jury and usually does. This is expensive for the Court system and the Judge has final say (depending again).

So in short form, yes you will know when you are being sued. Improper service though can throw the case or at least stall it and even sanction the Plaintiff. 'Hub

[wnguyen]

I was also sued by Citi after six months. The sheriff knocked on the door and gave the summons to one of the adults when I wasn't home!!!

[nickifan]

Approx. 11 months since last payment. Ironically, they were one of the smaller debts. I thought USAA would get us first since we owe them the most.

Hi JEM,

Sorry to hear this...I have Citi too. One their own card, and another that they handle for ExxonMobil. I think I'm coming up on 9-10 months for non-payment on both.
The Citi EM account has been turned over to a DCA, called CBE...the other Citi account is with United Recovery Systems.

When you get sued, do you get sued by these DCA's or the original creditor?

Do you mind saying how small is "small" on your debt?? My gas card was around $2500 when I stopped paying but of course with all the effin' fees it's $3000 now, though they offered a settlement last month. The other card is around $1300.
I'm in Texas too...so I kinda hoped the whole they-can't-garnish-wages (if I HAD wages...)
might keep them thinking I'm not worth it. (Not a homeowner either.)