I NEEEEED some major help. Little background history first. I had a discover card that I put my ex-boyfriend on as a user. When I sooned realize it was not meant to be I called and took him off the credit card as a user and then broke up with him. The credit card company did not remove him right away, which I did not know about, and he ran my credit card to the max. So afterwards when I recieved the bill, I was very upset (does not even explain how I really felt), I called them and let them know that I was not going to pay anymore because they allowed that to happen. Well I continued to pay anyways, a little here and a little there, however much I could afford. It may have not been the minimum payment but it was something. So I moved out of my parents home for personal reasons and came to a point where I was not able to pay, I called them to let them know this. They said that they would send me bills still and that if I could pay something pay it, even if it was five bucks. So anyways it has been a couple of years since I have paid them. I have not recieved any calls from them nor a bill in the mail (or from a collection agency) in probably about 2 1/2 years. About 2 months ago a man shows up to my mothers house at 10:30 at night with papers for me. My mother would not open the door so he left them on the front patio. I did not sign for them, see this person face to face, or even aknowledge him. They were papers saying that I was being sued for this god awful amount of money. I contacted a lawyer who told me to write a letter saying that I was disputing the amount owed. I had also told the lawyer that I had not been contacted concerning this account from anyone, by phone or mail. So I wrote the letter, like the lawyer said, had it certified, and mailed to the lawyer on the summons, the judge, and the credit company. I had not heard anything until I opened the mail box today and know I have a court date. Please tell me what I should do? Do I ignore it, get a lawyer, or show up to court on my own? If I need a lawyer, what kind do I need? If anyone knows one that lives in the Houston area please help me out? I am really worried about all this, I got myself into some crap that I can not get out of. PLEASE HELP, i hate to say it but I AM DESPERATE!!! Thanks.
I am not really that sure when the last time I paid was. I moved out when I was 19, so my last payment had to been back in 2001, not sure of the month though.
I went to the website. It says what I received from that person that day is an admissions citiation. It said that if I did not reply within so many days that a default judgement might be taken against me. So that is when I spoke to that lawyer who told me to write that letter. Which I did, I sent it to the lawyer that is sueing me and the judge that will be covering the case. It is that names that were on the document. Then I recieved a letter in the mail yesterday that says I have a pretrial conference or docket call on 6/2/2006. It says that parties should be prepared to discuss all aspects of the trial with the court on this date. It also says that no pretrial statements are necessary. Pleadings of party (s) failing to appear may be stricken. This at the bottom it says that trial date : The week of beginnings of Monday 6/19/2006. So I am being sued and the court date is already set up right? Or am I reading into this wrong. I thought that if you were summoned you usually had to sign something saying that you recieved it. I also didn't realize that they would send something through the mail telling you of your court date. This is stressing me out very badly. I am not sure where to go, turn, or anything. I have never been through this before. I guess in a way my dumb butt was hoping for it to disappear. Plus my mother had read up on some stuff that told her in the state of texas they only had 7 years to go after you for outstanding debt. So that means I got this credit card when I was 18 and I am now 24, so that would be 7 years. I have no earthly idea, I want to pull my hair out I am freaking out on this so bad. Please help!!!
Was the letter informing you of pretrial conference from the court? Was it an order? Did you receive the summons...if so, there should have been an answer form or instructions on how to answer. The summons should also be pretty easy to recognize as a formal court document. The SOL in TX is four years for revolving accounts. If you stopped paying in 2001, then it's past SOL. Now, as long as you haven't agreed to pay anything since then and assuming you haven't actually paid anything since then, you can use "Past Statute of Limitations" as an affirmative defense. That means they cannot win, if it works. I'm not from Texas, but generally if you claim an SOL defense, it's up to the plaintiff to prove that it's still within SOL. If they can't, then they aren't entitled to damages. Did this citation of admissions ask you to claim responsibility for any of the debt? If so, several people have told me to deny everything except your name, social security number, and other absolutely true information. Deny everything else and stick to your affirmative defense (statute of limitations). It's scary and frustrating. Keep your head and keep looking for answers. They are everywhere. Remember, I'm not a lawyer, and I only offer experiential suggestions. This is not legal advice.
