Hi my name isXXXXX am trying to find out what to do about a situation and could really use some expert advice (legal councel) from a lawyer. Dont know for sure if I should hire a lawyer or maybe try and do this myself. Received a letter in December of 2008 for a civil citation. I received another letter in June of 2010 that a judgement had been entered against me and requesting for Interrogatories and requests for production of documents. then in August, 2011 I received a copy of a letter to The Clerk of the Court for Motion to Compel Post-Judgment Discovery. On Dec. 2011 I received another letter for a motion for substitution of Counsel. Most recently a letter stating I need to appear in court for Notice of Intention to Take Oral Deposition. I have to provide sworn testimony. I have not responded to these letters not sure what exactly they were or understood. I just kept them. My sister called and asked some questions for me about what exactly all this meant. They did tell her I could do a settlement. I do not have any means to settle I was always willing to have an payment arrangement but noone would help me with that. Please help. I forgot to mention in Aug. 2011 I did call the County Court and asked about the Cause # (judgement) she said it had been disposed on March 2009. So she said i shoud call another JP and she said it was on record as being a default judgement. I asked how come at first they told me it was disposed(?) and now it is not. They said they had a new system in office.
Country relating to Question: United States
State (if USA): Texas
I have not tried much of anything except I have been trying to get information about judgments. We went through some hard times and got behind on payments.
You should contact the plaintiff-creditor and work out a repayment plan on the judgment. If you received the summons and complaint, that means that you were properly served and you will not be able to file a motion to vacate/overturn the judgment. Therefore, the plaintiff has the right to call you in for a deposition under an information subpoena to get you to discuss your assets (bank accounts, house, cars etc.). Your best way to avoid this is to call the plaintiff attorney and work out a deal to pay the judgment off over time. An attorney will not be able to do much in the way of getting rid of the judgment.
what if creditor does not work out a payment deal? I cannot come up with alot of money at a time.
If the creditor does not compromise and work out a deal with you, then you should consider filing for bankruptcy (Chapter 7) to discharge all your debts, including the judgment.
I have only a house which is a Texas homestead, we have very little savings and it is under our minor sons name, and no stocks. I do have a 401 k with my work. But not much money in bank. We are behind in Taxes and on a monthly plan. We are just getting caught up with Mortgage payment. I dont see how they can get anything from us. also isnt there a statue of limitations law? I did receive property from my dads estate when he passed but it was given to me and my 4 sisters. But it is not worth much at all. It is not even an acre but 2 lots. So you are saying I should file bankruptcy for just this Judgement? Isnt there another way? we were going to at one time but decided against it. Its not like we have alot.
since they already have a judgment against you, the statute of limitations in Texas for such judgment is 10 years from the date of issuance by the court and it is renewable. So the statute of limitations is really not going to be a concern for the judgment-holder here. Your only other alternative not previously discussed is to simply do nothing and just let the creditor wait and hope that they let the judgment lapse after 10 years.
What if I do not show up to the court date? What happens then? What if they do not have documentation of what I owe and cant prove anything that I owe.
Or what if I do show up to court date, will I get to explain why I did not pay. What is this court date about? It states it is a Notice of Intention to Take Oral Deposition, I will be recorded (what does that mean) Am I allowed to record it also? And if I do go should I take a lawyer? How do I even know they have any evidence?
The judgment creditor can ask make a motion for contempt of court against you. At this point, they do not need to prove what if anything you owe since they already obtained their judgment through the court in 2009-2010. No, you will not get an opportunity to defend the claim and explain why you did not pay.A deposition is when the other side asks you questions and a court reporter or stenographer types everything up in a transcript. You will not be permitted to record anything, although you can purchase a copy of the transcript of your testimony from the court reporter. If you hire a lawyer, you will simply be throwing good money after bad. The deposition is simply to discover the substance and whereabouts of your assets in order to pay off the judgment that they already have. They do not need to present evidence since they already got the judgment several years ago. When you were served with the summons and complaint back in 2008, that was when they had to prove their case. Now it is too late for you to fight it.
I feel pretty dumb right now. I guess I didnt take anything serious or didnt find out more info at the time. I cant go back. This credit card company put me on charge off on my credit report. So apparently they got some money anyway. As with many Americans hard times came to us. We didnt get many answers. For Lawyers and Credit Collectors it is easy they know what to do and when to do it. But for us who are ignorant of things like that, they truly have the upper hand. So your advice is to go to court or call creditor (lawyer) and settle. But if I cant go ahead and get a Chapter 7. Or just wait it out 10 years and see what happens. Not good anyway you look at it.
Pretty much. Don't feel bad, it happens to attorneys and credit collection agents to (in their personal lives) In other words, it happens to everyone. The judgment holder has incentive to work with you to settle the judgment, as obviously, it is a pain and not very cost efficient to jump through all the hoops to garnish wages. They would rather get your money now.
If they motion contempt of court, what will happen with that? So do you think then that just maybe they will work with me to get the money?
The judge can issue sanctions against you, such as a fine to the court, and/or in a worst case scenario, can issue a bench warrant to have you arrested and brought in to court. I think it is in their best interests to try and work with you to get money now, rather than later.
Do you think they would settle with a percentage? If so what is the Percentage they would settle?
If we do settle, should I ask them for a letter saying we settled before I pay them anything? And should I tell them to dismiss the jugement?
How should I go about that? Pay them first then get the letter. Or get the letter and then settle? And will they dismiss the judgement?
I don't know what they will settle for. It depends entirely on them.Absolutely yes. Make sure you get something in writing confirming the settlement and that when the balance of the settlement is paid off, that they file a satisfaction of judgment form with the court.
ok thank you for the legal advice.
My pleasure. Best of luck!
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
One last thing, please. what if they dont show up to court?
Then they wasted an information subpoena and deposition notice. The judgment will still be effective.
Thank you again.
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