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Barrister
Barrister, Attorney
Category: Legal
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Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I WAS SERVED WITH A PETITION FROM ZWICKER AND ASSOC. IN TEXAS

Resolved Question:

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.
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.
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?
.
.
Thanks
Barrister
Customer: replied 12 months 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.

Expert:  Barrister replied 12 months ago.
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.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22655
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 16 other Legal Specialists are ready to help you

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