Friday, 3 August 2012

Are You Facing A Texas Credit Card Lawsuit

By Rick Baugh


If you are worried about how to deal with a Texas Credit Card Lawsuit you may not know how to react. You are most likely wondering what rights you have if sued for credit card debt in Texas. You may or may not be aware that each state in the United States has similar regulations regarding this type of lawsuit. There are small differences from one state to another.

If you are not familiar with them or not sure of what you know, a lawyer can help. If you do not appear in court, for example, you can end up having a default judgment on your record. The debt-purchasing industry will buy up debt for a small percentage of its worth. Then they will hire an attorney to collect that debt in any legal way possible.

Then, these debt purchasers hire an attorney specializing in collections. That attorney will file a lawsuit against the person who owes the debt. Texas laws allow a four-year time period in which to sue the debtor. There are damaging repercussions if you allow yourself to have a judgment filed against you.

You may be a homeowner. In that case, a judgment will appear on the title of the property and make it difficult to sell or refinance the house. You cannot be forced to sell your home in the state of Texas. However, the person to whom you owe the money will be able to get a garnishment against your bank account if you have one.

A bank account can be taken to pay the debt, although you cannot have your wages from employment garnished. Any non-exempt property can be taken also. The debt-purchasing company can have an attorney file for a writ of execution. This is a legal document that enables the sheriff to come into your home and take any of your property that is classified as non-exempt. A judgment is good for ten years, sometimes longer.

You can avoid all these repercussions. When you hire an attorney he or she can defend you against litigation. It can even be dismissed in certain cases.

You might also consider contacting the company you owe the money to and ask to settle the debt out of court. You can file a bankruptcy to eliminate the debt. This is called a chapter seven. There are ways in which a Texas Credit Card Lawsuit can be handled that will not result in a judgment.




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