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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35832
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I WAS SERVED WITH A PETITION FROM ZWICKER AND ASSOC. IN TEXAS

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I WAS SERVED WITH A PETITION FROM ZWICKER AND ASSOC. IN TEXAS TO FILE A WRITTEN ANSWER IN RESPONSE TO A SUIT BY DISCOVER CARD FOR THE AMOUNT OF $1797.04. ONE YEAR AGO I TURNED MY DEBT OVER TO FREEDOM DEBT RELIEF TO HELP ME CONSOLIDATE MY DEBT. I HAVE BEEN OUT OF WORK FOR 3 1/2 YEARS. I DON'T KNOW WHAT TO DO FROM HERE AND HAVE NO CLUE WHAT THE WRITTEN ANSWER IS OR HOW TO DO IT. I CANNOT AFFORD AN ATTORNEY TO HELP ME.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that the creditor has decided to file suit against you for the debt.
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I need to ask a few questions before I can comment....
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When was the last time you made a payment on the account?
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Do you have any legal defenses to the complaint? (you paid it, it isn't you, etc.)
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Do you own any assets like real estate (other than a home) or big ticket items like motorcycles, RVs , boats, etc.?
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Any bank accounts?
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Thanks
Barrister
Customer: replied 3 years ago.

Last payment last year before Freedom took over. I was told by them not to make any payments to creditors. No legal defenses that I know of. No big ticket items. My husband and I have a checking account and savings- savings only has $3-4.00 in it.

Thank you for the additional information. To be very honest with you, whether you file an Answer or not, the creditor will be able to get a judgment against you if you don't have any legal defenses to the debt. It will prevent them from getting a judgment for a few more months, but will actually cost you more in the long run because they will add in all their legal fees to the eventual judgment.
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So it is actually cheaper if you allow them to get a default judgment and don't file an Answer.
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The good thing is that TX is a very debtor friendly state. There is an unlimited homestead exemption for a debtor's home and TX doesn't allow wage garnishments. So that leaves big ticket items and bank accounts for a creditor to come after. If you don't have any big items with equity and don't have any savings, then you would be what is considered "judgment proof". They can get a judgment, but they can't collect on it.
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This is a link to a generic Answer template that you can modify to use if you choose to file an Answer. But without a legal defense, it will only serve to delay them getting a judgment.
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http://www.northwestregisteredagent.com/lawsuit-answer.html
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In a situation like this, if you have other debts and haven't filed bankruptcy, you may want to consider doing so to wipe the slate clean and get a fresh start.
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Thanks
Barrister
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