QUESTION
What happens if I am being sued for debts owed?
Asked on Jul 03rd, 2012 on Personal Injury - Texas
More details to this question:
I have been sued by BOA on a line of credit that I stopped paying on because of a family crises. I tried to work out a payment plan with BOA, but they refused and have now sued me. The debt collection lawfirm handling the debt also refuses to work with me. Discovery has been served and answered by both sides - (they still have never responded to any of my requests to work out payment plan). They are now trying to set an MSJ - do I appear and tell Judge that they have refused to work with me? If they do win MSJ, exactly what can they seize (I have no assets other than a 401K and a bank account)? THanks.
1 ANSWER
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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If you are Pro Se you should attend any and all hearings on your case so that you understand what the situation is and where you currently stand with the lawsuit. As far as working out a payment plan I do not believe that there is a requirement that either the original creditor or the debt collector work out a payment plan. As far as the MSJ, you can attend the hearing and argue that they do not have enough evidence for a summary judgment and the matter needs to go to trial. However, this would depend on how the questions to the discovery were answered. I would suggest consulting an attorney so that they can possibly object to the summary judgment evidence and push the issue to trial. They can seize any assets that are not protected by Texas law. The 401K should be protected but they can file a writ of garnishment against your bank and seize any money in your bank account. If you have substantial debts and not a lot of assets you should consult with an attorney about possibly filing a Chapter 7 or Chapter 13 bankruptcy.
Answered on Jul 12th, 2012 at 11:18 AM