okay i will try to keep this short. I got home today for my lunchbreak and found a note from a constable to call back. I called them back and was told i was being issued a citation for owing a bank. I told him i was at work and to leave it with my husband and he said thats okay i will try tommorrow for you to sign. I admit i do owe the bank money and will pay on my first paycheck next week. To make a long story short i was out a job for a while and got one recently. I Quickly called the bank i owed and talked to a collection officer. This is a small locally owned bank so i believe this is only collection officer there is. I told him i would pay everything in full by next week. He said okay just do that and i will cancel the court process? So i am confused now this bank has filed sue i am assuming? I think paying sounds to easy. I live in texas and i know nothing of the law. I strongly believe when it sounds to good it might be just that. Please advice.
If it's a Complaint and a Summons that you got, you will need either to file an Answer or get a Dismissal w/ prejudice. I would take the summons to the collections officer and offer to pay the account in exchange for the above.
so a citation can be either summons or complaint. When i called the person did not go into details. They just said you have a citation.
I wouldn't know what a "citation" is. I am presuming the officer (a constable is a deputy of some fashion, correct?) referred to the "Complaint" as a citation. It could be a criminal or civil Complaint insofar as this sounds like a bad check. Usually, bad checks carry criminal implications as well as the potential to be sued in a civil action. I would definately make sure what exactly it was. A "Summons" is what accompanies the "Complaint" and all it says it that you have a certain number of days to enter a response; e.g., your Answer. This doesn't generally apply in a criminal matter because typically you must make either a personal appearance to hear the charge or prepay in lieu thereof. In other words, you have to enter a plea before anything else would happen. If you fail to appear, it is likely a bench warrant will issue for your arrest. Complaint is the terminology applied to the commencement of any judicial proceeding. If it's civil, the bank it suing you. If it's criminal, the State has brought probably a misdemeanor charge against you. You usually can pay the amount and the charge will be either dismissed or nole prossed (I don't know how Texas operates).
When can they deliever this citation in texas? I mean anytime of the day like in the middle of the night? What is the process is there a waiting time for a response? I have not been served, due to new job hours. I am just wondering what to expect. Thanks in advance.
got notice.. I got the notice regarding the civil case citation, i am being sued left on door today. As i stated before collections agreed to drop it if i paid. On here it states i have a monday before 10 am and tend adys aftger you were served with citation to state sometime written answer? Can anyone tell what does this mean? I am going to pay this bank on tuesday, does this mean i have to appear already? i live in texas what is the law on this?
