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?
I have been dealing with Discover credit card myself beware of their tricks .First call Discover and find out if they're still handling collection in house ,or if it's been outsourced or sold to a third party ,or a law firm trying to sue you. If Discover has not hired a law firm ,or if it's been outsourced or sold to a third party you may be able to settle for 60% or less of what's owed on a payment plan directly with them you can set the payment amount most of the time.You can also dispute any or all charges claimed in writing through certified mail ,or sometimes through email depending on your state . If the debt was sold to a third party they will have more difficulty proving the debt and in some states they can't sue you.If you're receiving advertising from law firms to represent you ,more than likely Discover has hired a law firm to collect or sue. The letters from lawyers usually have a case number indicating what court in your county/parish town etc.usually a civil court where the law suit case was filed in, and that same court is where you go and request a copy of the certificate of service proving you were served and where you will be summoned to appear before the court. File an answer to both the court and the debtor or the law firm they're using through certified mail disputing all charges ,you can find letter examples online of how to dispute debt collection and demand proof of debt. You can also settle with the law firm, but payments and arrangements go through them. You can also hire a debt settlement attorney or service to help settle or dispute for you if you don't have time and some money to cover fees; they go to court in your place if it gets that far and usually settle in a pretrial hearing. I was sewer served the meaning the process server claimed I was served by leaving the papers with someone at my home but I was out of town and no one was home. I didn't get a chance to file an answer I didn't get any court hearing date and got default judgement papers that's when I got a copy of the certificate of service showing the false info. If the info on the service papers is wrong or false the ball is on your side. I paid a debt collection firm for $1700 in payments of around $280 monthly to settle form $12000 to $6000 on a payment plan. Act quick before you get a default judgement and the court decides appointment of receiver. Good luck and make sure you fight all the way don't be afraid or take too long to respond as I did . Hopefully this will save you some research time and learn from my mistakes.
Call Discover and try to settle with them directly. They will let you know if it's been outsourced to a third party collector or a law firm and you can also settle or dispute any or all charges with them. Mail a debt validation letter You can find good examples on line to give you some more time.You may also hire a law firm or service to represent you usually settle for 60% or less of the total debt. Their fees vary depending on the amount owed.
If you're receiving letters to represent you that usually means you're being sued. The letters have a case number that indicates what court handles the case. You may hire a debt specialist or firm to represent you to settle or go to court in your place to dispute and possibly dismiss some or all charges.
Make sure you have not already bee served without your knowledge (sewer served) by requesting a copy of the Certificate of Service or certified service from the filing court house. Respond to the law firm and court trough certified mail disputing all or some of the charges or if you're wanting to work out repayment . If you don't answer you are surrendering your chance to a trial you may not receive notice to appear before the court and will give a default judgement against you basically stating you agree to all charges and repayment plus court fees and attorney fees and can escalate to appointment of receiver where you may loose access to personal bank accounts,stocks, rental property, and other non protected personal property. Act quickly. Hopefully this helps and you can learn from my mistakes.
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
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 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.
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.
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.
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?
@@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 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.
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
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.
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.
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?
File an answer. That will keep them from getting a default and will buy you time.
I have been dealing with Discover credit card myself beware of their tricks .First call Discover and find out if they're still handling collection in house ,or if it's been outsourced or sold to a third party ,or a law firm trying to sue you. If Discover has not hired a law firm ,or if it's been outsourced or sold to a third party you may be able to settle for 60% or less of what's owed on a payment plan directly with them you can set the payment amount most of the time.You can also dispute any or all charges claimed in writing through certified mail ,or sometimes through email depending on your state . If the debt was sold to a third party they will have more difficulty proving the debt and in some states they can't sue you.If you're receiving advertising from law firms to represent you ,more than likely Discover has hired a law firm to collect or sue. The letters from lawyers usually have a case number indicating what court in your county/parish town etc.usually a civil court where the law suit case was filed in, and that same court is where you go and request a copy of the certificate of service proving you were served and where you will be summoned to appear before the court. File an answer to both the court and the debtor or the law firm they're using through certified mail disputing all charges ,you can find letter examples online of how to dispute debt collection and demand proof of debt. You can also settle with the law firm, but payments and arrangements go through them. You can also hire a debt settlement attorney or service to help settle or dispute for you if you don't have time and some money to cover fees; they go to court in your place if it gets that far and usually settle in a pretrial hearing. I was sewer served the meaning the process server claimed I was served by leaving the papers with someone at my home but I was out of town and no one was home. I didn't get a chance to file an answer I didn't get any court hearing date and got default judgement papers that's when I got a copy of the certificate of service showing the false info. If the info on the service papers is wrong or false the ball is on your side. I paid a debt collection firm for $1700 in payments of around $280 monthly to settle form $12000 to $6000 on a payment plan. Act quick before you get a default judgement and the court decides appointment of receiver. Good luck and make sure you fight all the way don't be afraid or take too long to respond as I did . Hopefully this will save you some research time and learn from my mistakes.
Call Discover and try to settle with them directly. They will let you know if it's been outsourced to a third party collector or a law firm and you can also settle or dispute any or all charges with them. Mail a debt validation letter You can find good examples on line to give you some more time.You may also hire a law firm or service to represent you usually settle for 60% or less of the total debt. Their fees vary depending on the amount owed.
If you're receiving letters to represent you that usually means you're being sued. The letters have a case number that indicates what court handles the case. You may hire a debt specialist or firm to represent you to settle or go to court in your place to dispute and possibly dismiss some or all charges.
Make sure you have not already bee served without your knowledge (sewer served) by requesting a copy of the Certificate of Service or certified service from the filing court house. Respond to the law firm and court trough certified mail disputing all or some of the charges or if you're wanting to work out repayment . If you don't answer you are surrendering your chance to a trial you may not receive notice to appear before the court and will give a default judgement against you basically stating you agree to all charges and repayment plus court fees and attorney fees and can escalate to appointment of receiver where you may loose access to personal bank accounts,stocks, rental property, and other non protected personal property. Act quickly. Hopefully this helps and you can learn from my mistakes.
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
Reach out to them. Their only interest is in getting paid. They will work out a deal with you.
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 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.
@@TexasConsumerLaw Thank you.
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.
@@TexasConsumerLawwhat do they do exactly with the info they get from credit 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.
Can debt collectors go after my pension or social security if they sue me?
@@GerardoRangel-fh4uh not in Texas.
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.
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'm also passed the deadline to "vacate the judgement" - which I only just learned about .
There are a few post judgment remedies that may be available to you. Without knowing more it's hard to say. Give us a call and we can talk.
I know you meant "judgments", instead of judgements? Common mistake.
What if you never was served the paperwork but just got my bank account frozen?
Yep, that just happened to me. I guess default judgement was entered on me 5 years ago. They just went into my bank accounts and wiped them out.
I never received any paperwork on this judgement and now my bank account is frozen. What can I do?
@@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.
Do I pay the collection agency or do I pay the original place the debt occurred
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.
WHAT ABOUT NOW AND BEEN PAYING NEED TO RE NOGATION ? NEED HELP
Call the judgment creditor and see what you can negotiate.
In Texas how long does a judgement diffault stay on your credit loans and credit cards
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.
Thank you for the insight, I live in Texas and our accounts are not linked
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
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.
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 oh ok so it is very possible to pay $275 per month for 12 months? I was wondering if 12 months was too long
@@champstylesports1209 it depends on who you are dealing with. It sounds reasonable to me.
Whay happens of you cant pay back?
Post-judgment collection. In 2017 Texas law changed to make it easier for judgment holders to freeze bank accounts and seize your money.
I have a judgement. What happens if Defendants stop putting money into their account before collections? Thank you
Then there is not much there to garnish.
@@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.
@@TexasConsumerLaw thank you, just doing homework before executing 👍🏼
I'm Jeremy Odin Scott Hammer Armstrong McGuire Senior Property Owner of All Heaven and Earth I have no debts period
Very helpful thx