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  1. #1
    Join Date
    Feb 2006
    Location
    Texas
    Posts
    2

    Default Being Sued by Credit Card Company

    I received a citation today from a constable :shock: issued by Discover Card. This debt is mine. I find it unusual that they are sueing me, when months ago, I received a letter from the same Lawfirm, asking me...what I could pay monthly, and I resent the letter to them stating what I could pay and when. I NEVER received a response. I was waiting to hear if this offer was accepted. Maybe that was my fault in waiting, as now I am being sued by them! I contacted the law firm immediately today and of course offered to set up payment arrangements of some kind, and the paralegal only wanted to assure me that Discover wanted the amount in FULL - PLUS attorney fees! I told her in no way was this doable given my financial means. I am a substitute teacher - beginning more so just this year - and therefore my monthly checks vary, and if I had the money to pay the debt I would have already.

    The paralegal wants me to call her back on Wed. and let her know what I can do. She said, she MAY be able to get Discover to accept a payment of 65% or 70 % of the actual debt...I don't even have that much!! I would even do my best to send them $100.00 a month at this point, as long as they stop the suit, but I don't think this is something they will agree upon. Here are my questions:

    Do you know if in the state of TEXAS they can garnish my wages??

    My document states I must file a written answer with the clerk who issued the citaion by 10:00 a.m. on the Monday next following the expiration of the 20th day I was served the citation, or a default judgement may be taken against me. Does this mean I do not have to appear in court?

    Can I just state to the clerk, that I am trying to work out payment arrangements with the Law Firm?

    I am so scared! I have never endured such an issue before. I am usually a very responsible person, but was not at one time, and now do not have the funds to pay off this debt in full! :cry:

    What should my next step he here? Please help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Garnishment

    It is my understanding that wage garnishment is permitted in Texas only for child support, certain federal taxes and government backed student loans. The creditor can go after other assets, to the extent that they are not exempt from collection, including bank account balances.

    Discover may agree to a payment plan, or you may be able to convince the court to let you pay off the judgment with installment payments.

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