QUESTION

Can a Bill of review be done after my bank account got garnished just now (march 2012) since I was never served in 2005? What are my chances in court?

Asked on Apr 11th, 2012 on Debtor and Creditor - Texas
More details to this question:
Sometime in 2002 or 2003 my credit card company wrote off my debt and sold it to someone else and they sued me in civil court and entered a judgement against me in 2005 which I recently found out when my bank acct was garnished last month (march 2012) I have hired an attorney to help me with the case but I need to get a second opinion. I was never served and my attorney says that he can file a bill of review. What are my chances of winning this case since I was unaware of the fact that I was sued? Also, the attorney for the creditor does not want to settle since they were able to get about $4000.00 out of my bank account and they think they can get more out of me. Credit card may have been for no more than $3000.00 to $5000.00 max but they have added ridiculous amount of interest and penalties and now it shows about $18000.00 and accruing interest daily.
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1 ANSWER

Bankruptcy Attorney serving North Andover, MA
2 Awards
The devil is in the details which makes it hard to give a second opinion. However, your lawyer is being aggressive which makes sense since the creditor is playing hardball . The burden is on the creditor to show service and if they clearly were not careful, they you have a good chance.
Answered on Apr 24th, 2012 at 6:54 PM

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