Legal Question in Credit and Debt Law in Texas

I have recieved papers that I am being sued by a credit card company for credit card debt

I have x amount of days to file a written answer with the county clerk. I know I owe the money but I cannot pay it because my husband was laid off in Dec. 2009 and is now making $30,000 less a year than before.This is definitely not the only credit card he haven't been able to pay. What do I need to put in my written response? WHen the default judgement is taken against me, will I get a court hearing?


Asked on 2/12/11, 6:21 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Always file an answer denying the claim as just and true...that is not false since you don't know if the claim includes unfair penalties/rise in interest..etc..AND the company has to prove the debt. Also, answer that the calls from the collectors, which always happens, are unfair harassment. Finally, call the lawyers handling the case you cannot pay...and ask them to drop the case..perhaps offering to pay the cost of $300 or so...BUT u will have a hearing..but without a lawyer, rarely win. We do handle such cases..but make no guarantees of winning..but frequently lead the lawyers to drop the case

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Answered on 2/12/11, 7:07 am


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