I'm being sued by Discover card and I've received a ton of letters from lawyers rendering service but I haven't heard anything from the courts. I literally don't have any money to hire a lawyer. What should I do in this situation?
My son just got notice that he was sued by Bank One in Texas Harris county, and the courts ruled against him and there's a lien on his property? 1. He doesn't owe the bank anything. 2. He has a current credit card with them..3. He was never notified that he was being sued. How can the courts rule agaisnt him without being notified or giving him the opportunity to let them know that they have the wrong person? How can a court rule against someone without verifying his social and drivers license #?
I appreciate this video very much… I recently had a default judgement granted against me here in Denton County by Midland Credit Management. Im literally on pins and needles as I have no idea how and when they will start garnishing wages from my bank account. Looking to just clear it out and see how it plays out
I was a plaintiff in a small claim case in Harris County JP against a local contractor and I won the default judgement against him. I want to know how should I proceed to get the money back from the defaulter. I was told that I need to move forward with a receivership but I don't know what is it and how to do it. Can you please list the steps of a receivership and how to file and win it in the court so can get my money back ASAP. Thanks.
I have a question about a default judgement in a civil case (non-compete employment). A default judgement was entered against us, we filed a motion to have it set aside and the judge gladly granted our request. What happens after a default judgement is set aside? Do we need to file an answer now? The plaintiff (former employer/business owner) has no basis for his lawsuit, we have evidence of identity fraud/theft (on his part) and the signed agreement was never violated. Plaintiff misrepresented the facts. The judge in Dallas "strongly" advised us to get an attorney when he set the judgement aside on 5/19/23.
I agree with the Judge. When a case is reopened and no answer has been filed, whether by a motion for new trial or a bill of review then the non answering party needs to file an answer to avoid a judgement nisi.
Filed an answer using E-File Texas - Answer was accepted by County Clerk's Office. I heard nothing - and then received a Default Judgement anyway. What can I do?
I expect to be taken to civil court in Texas and will probably lose despite not being wrong. I expect a judgment and don’t intend to pay if they won’t settle. How often do they check my bank account and does it cost them each time? I know my home and cars and retirement in Texas are safe….
If this is a defaulted credit card debt, then the creditor has the ability to do a soft pull on your credit. It probably does not cost them anything. Large debt collectors have agreements with the credit bureaus that allow them to access your information in exchange for all the information they provide to the bureaus.
@@Investormillard creditors can pull your credit to evaluate whether it is a good time for them to file suit, pursue receivership, or take other actions. I don't have access to their algorithms with respect to this, so can't say what factors they take into account.
@@francisharper9882 in Texas you may be able to file a motion for new trial or a bill of review to try to get the case reopened. It's highly dependent on the facts.
I have a judgment against someone who owes me $5,000. The due date of first installment is tomorrow (Sept 17). Frankly, it feels like he won’t pay as detailed in the dispute resolution. Everything that I’m reading makes it look like everything is in the debtor’s favor. It seems unfair to me.
I was sued for repo($25k) answered, and have not heard anything since September 2022. Nothing from court or the company suing me( as far as collection calls or willing to settle). What should i do? I have sent their attorney multiple letters with offer last one was 40% and never hear back. Last payment on auto loan was made july2019.
Send them some discovery requests. In order to collect a deficiency, they have to show it was sold in a "commercially reasonable manner." That should be the focus of your discovery requests.
I have a jugement against me that is almost 3 years old. The debt was unverifiable so therefore the account was removed from my credit, but I still have a judgement against me. How do I pay the judgement amount?
Good question. Judgments should not show up on your credit report. The bureaus stopped reporting judgments around 2015 or 2017. If you have a copy of the judgment you can call the plaintiff or their lawyer and setup payment arrangements.
In Texas a judgment is enforceable for 10 years in which time it can be re-newed for another 10 years. There is not limit to how many times it can be renewed. When you say how long can it stay on your loans and credit cards, I take it to mean how long will these folks see it on your credit report. The credit reporting agencies do not report judgment information anymore. It is too unreliable. If it is reporting then let us know and we will see if there is something we can do. Hope this answers your question.
Someone I live with has a default judgement against them for an unpaid credit card. Their bank account has been frozen already. Will there be further action against them and do I need to be concerned?
Hard to say. Do you share a bank account? Depending on what state you are in the frozen account can be from a few different procedures. If you do not share accounts then there is probably no way they can get to you. But if this person is your roommate then I'd get their part of the next rent payment in cash.
I have a complicated situation I will be giving a call first thing in the morning to you guys ! Basically I got a default judgment agasint me in June 2020 middle of covid 😭 but what makes this worse I was sued in Kentucky (where I'm from) but I moved to Texas June 2020 I had absolutely no Idea or knowledge I was being sued for this. Until it showed up and how on God's earth was we even able to fight this judgement or whatever in the beginning of covid we was in a state of emergency especially in Kentucky. I'm so lost 😞 😔 and wait a minute ots on my credit report 😒 I thought they don't report judgements on credit report so why it's even on there 🤔 I'm lost frfr I'm calling yall morning asap My name marissa lol
If there’s a judgement do they do payment plans? Is it possible to do a 12 month payment plan on $3,400 owed? What is the average or max amount of time they would allow for a payment plan?
Thanks for your comment. This is highly variable from one collector to the next. In general you'll get the best deals when pay up front. Most are willing to do a payment plan. The longer the payment the higher percentage of the judgment you will have to pay. In my experience, longer than 12 months and the percentage makes a higher jump.
@@TexasConsumerLaw does this mean the judgement is no longer valid? Or can i pull this judgement garnishment and place it to another bank account they are using. In other words do plaintiffs get only one try to garnish one bank account or can we follow the defendants when they open other accounts? Thank you
@@AR-cw4he Your judgment is independent of the defendant's assets. If the defendant does not have the assets to satisfy the judgment then your judgment may be worthless. You should seek counsel in your state to help you collect.
