Legal Question in Credit and Debt Law in Texas

serving someone

My husband and I bought some furniture from a small store. We were both working at the time. Shortly there after we were both out of work. The company pursued us for payment even after repeated conversations regarding our inability to pay. Finally they went to court, the judge sent the case to mediation. My husband received a letter notifying him of the mediation date. He went, was forced to sign an agreement of payment arrangements which at the time could not be met. He informed them of such but was not allowed to leave until he agreed in writing. Until about six months ago, when he started his business, he was still not working. All bills had gone virtually unpaid, including the furniture, and we were very far behind. We have been working on catching up utilities, house payments, car payments-the essentials through this month. We are still in hardship but at least we have some income now. He has now been notified that there is a court date. Someone told him that unless he is ''served'' they have no ''power'' over him. Is this true? What are his recourses? We do intend to repay the debt as soon as it is feesible financially.


Asked on 4/03/03, 4:50 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: serving someone

Since the judge already ordered you to mediation, you are before the court for all purposes. You'll have to appear at court for the 'court date', probably a trial date, where you may have an opportunity to explain your situation.

Unfortunately, an inability to pay is simply a reason; it is not an excuse.

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Answered on 4/03/03, 6:18 pm


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