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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92481
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have recently found out that I am being sued in the County

Resolved Question:

I have recently found out that I am being sued in the County Court of Comal County Texas. I found this out by solicitations from attorneys will to represent me in the suit. It concerns a previous creditor judgement (1/2010) and subsequent suit for garnishment of bank account (3/2013).
I have never received ANY type of proper notice of said suit from ANY source (service, summons, etc.). I have questions regarding proper notice procedures for the current lawsuit and further questions regarding my liability for bank account garnishment.
Please assist.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Proper service in Texas requires that you be personally served a copy of the suit and summons by process server, either placed in your hands or served to a person of appropriate age at your residence (domiciliary service). If they cannot prove you received service and they obtained a default judgment against you, then this is grounds for you to vacate the judgment.

As far as account garnishment, they had to get a judgment against you first and you have 30 days from being served with a suit to answer. If they just filed the suit on 3/11/13, it is not likely they have obtained a judgment yet, but presuming they have it is still very fresh and there is time to vacate the judgment.




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Customer: replied 1 year ago.

Should I retain an attorney to research the suit and advise me on its' status?

Expert:  Law Educator, Esq. replied 1 year ago.
It would be best to do so, because you are going to have to fight the suit anyhow so getting an attorney involved from the beginning would be easier.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX Further question:


 


I noticed that they have also named in the suit the bank where I used to have a personal account (closed for several years) and currently have a business account that is not in my name, but on which I am an authorized signer. Is my liability limited to accounts on which I am named on the account (personal) or does it include any account on which I am a signer, even if it a business account?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the follow up.

Your liability for a personal debt would be from your personal accounts, although they will try to go after every account you are named on and then you have to prove the account is not your personal account to have that account released as they are not entitled to those accounts as they belong to the business and not you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92481
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law