[chontodd]

Good morning!

On November 10, my husband was served a summons stating that he is being sued for an old credit card debt about 4 years old in the amount of $1308.00. The account was actually opened in 1996. We do not dispute the debt, however, they are also wanting legal fees and attorney fees.....What do we do?
What happens if it is a judgement default placed on us? We live in Texas. Will they garnish ourv wages or anything like that? We do not have the money to pay the debt in full, nor do we have money to hire an attorney...We are on an extrenely tight budget. We are also confused on the date that we should file a written statement. We don't even know what that is! It says we have until 10 days after the date served on the Monday after???? Why not just give a date...Please provide any information that would be helpful.

Thank you!!

[aaron]

What do we do?

Answer the complaint, and try to negotiate a settlement.

What happens if it is a judgement default placed on us?

The plaintiff will attempt to collect the debt, and can be expected to use garnishment, execution, or any other means of collection available under Texas law. You may be able to petition the court for installment payments.

We are also confused on the date that we should file a written statement. We don't even know what that is! It says we have until 10 days after the date served on the Monday after???? Why not just give a date...

If I saw the actual language I might be able to determine what it means. You may be able to find out if you ask the court. Otherwise consult a local lawyer.

[boryzark]

Hey, don't want to scare you anymore than you both already are but
WOLPOFF (& Abramson?)are a Collection Law Firm from HELL!! I had to deal with them 2 years ago and even though I owned nothing and was told the debt was unsecured, they went after what they could. Froze my bank account the day I got my TAX REFUND auto deposited!!!!!! I was so mad!!!....even though I knew I owed them the money, they were not letting up on me. I was unemployed, and waiting on a SS Disability Claim. Guess what? They weren't waiting. I finally had to do the ultimate, declare chapter 7 and away they went....just 2100.00 richer than I had hoped they would be. BE FORE WARNED of them.
THEY MEAN BUSINESS. TALK TO THEM AND TRY TO SETTLE ON A PAYMENT PLAN - They probably won't accept but at least that looks like you tried when you get ot court. AND IF YOU ARE SUMMONED TO COURT BY THEM - GO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Tell the Judge your story - he should try to work out something reasonable. I didn't show at my court hearing and it made things 100 times worse with Wolpoff. They WILL GARNISH wages, freeze bank accounts and put a lien on any big property you own. SCARY!!!
Good luck and take care and remember, you're not the only ones in a financial turmoil. Just read the post on this site!!!!! WOW!!!!
not a lawyer, just a boryzark 8)

[pooky23]

i have been dealing with them all day today. They attached my bank account, which is not solely mine. Never received a summons for court. I contacted the court district where filed and got further info after Wolpoff rep told me that they had sent back my acct to creditor. I faxed an exemption to the court and then called wolpoff again and was told I could only speak to their paralegal after I told them the court said they had to release my account if they turned the case back to creditor.
two hours later, I get another call from Wolpoff asking if I would not continue the exemption if they were willing to make suitable arrangements to answer the debt, and they would release my acct.

[Bill Collector]

If you can get them to settle, make sure you keep your paperwork and do not give them a penny until they put the settlement offer in writing. I paid a settlement to them and they tried to summon me to court. I have half a mind to sue for harassment on that one. I nearly gave my wife a panic attack when the process server gave her the paperwork in the dirveway.