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Being Sued Texas

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Anonymous
Not applicable

Being Sued Texas

Appearantly I am being sued for a truck repo a couple years ago. I am being sued for the amount of 6100.24 that I can see so far. I didn't know they sued until I opened the mail and received a letter from a law firm trying to get my business to defend the law suit. A judgement has yet to be entered from what I can see on the justice of the peace website. Being in Texas, I'm not so sure I should exactly worry, does anyone know what a creditor can and can't do when they get a judgement against you in Texas? Don't know if it would be worth consulting with a BK Attorney at this point(This is not my only debt). I don't know if this is true I can't find this anywhere, but I do have 2 vehicles in my name 1 for me and 1 for my wife and I heard through a friend that they could seize my car payments? I've never been through this so I don't know what to expect.

Message 1 of 11
10 REPLIES 10
hpotterfan77
Regular Contributor

Re: Being Sued Texas

I'm confused.  You say you are getting sued yet you can find nothing on the JOP website and have received no paperwork about it.  How do you know what the amount is and did you Google this law firm trying to represent you?  It appears that if you can find nothing on your states website then you are not in fact being sued.  In order to sue you, the company would have to serve your papers notifying you that you are being sued.

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Message 2 of 11
Anonymous
Not applicable

Re: Being Sued Texas

Texas is a big ol ball of hot mess. I know when I've tried suing debtors in Texas it wasn't ever worth it for me, due to the hoops you had to jump through and if/when you got a garnishment those were also tricky to inforce. I'm not sure how the rules are in Texas, but in Oregon and in the other states I've collected in you had to personally serve the person their legal paperwork. Anything under 10k was a small claims case, and we would pay a process serving company to go out and serve the person. If we couldn't physically serve them, or substitute service at the residence, then we would have to go back to court and ask for an alternative method of service which could be a posting at their home or a certified letter. However in my experience most judges don't like the certified letters, so we would have to post the papers at the address and prove to them that we KNEW it was their address and they were avoiding us.

It seems sort of sketchy at least from my collection standpoint that they would just notify you via mail that you were being sued. Maybe they are telling you they plan on suing you, but might not have happened yet? You can always call your county courthouse clerk and ask them if a civil suit has been filed against you and they can tell you yes or no. They of course can't give you legal advice, but you should be able to attend University Google and see what the garnishment/judgment collection guidelines are in your state. I know they change quite frequently, and the last time I tried garnishing someone in Texas it was rediculous since the debtor had to agree to be garnished before they would allow it. Texas is very consumer friendly, same with Utah.

Message 3 of 11
TXinandout
Frequent Contributor

Re: Being Sued Texas

Yes, they can get a judgment. I was sued by Citi and that was the main reason I filed my bk.

I'm in Texas.
BK Discharged 06/02/2016 SCORES AROUND 475

Current scores:
EXP-667
EQ-654
TU-653
Message 4 of 11
Anonymous
Not applicable

Re: Being Sued Texas


@hpotterfan77 wrote:

I'm confused.  You say you are getting sued yet you can find nothing on the JOP website and have received no paperwork about it.  How do you know what the amount is and did you Google this law firm trying to represent you?  It appears that if you can find nothing on your states website then you are not in fact being sued.  In order to sue you, the company would have to serve your papers notifying you that you are being sued.


No I can see by typing in the case number that was listed on the letter I received in the mail from a law firm trying to get my business to defend the lawsuit there was a case number on that letter and I typed it into the justice of the peace website and sure enought the law suit was there, however it doesn't list any judgements right now it just says case status active, it was recently filed with the court and I have yet to be served, I'm assuming that part is coming some time down the line.

Message 5 of 11
Anonymous
Not applicable

Re: Being Sued Texas


@TXinandout wrote:
Yes, they can get a judgment. I was sued by Citi and that was the main reason I filed my bk.

I'm in Texas.

Thank you. I'm aware that they can get judgements, just not exactly sure what they can do with the judgements which is what I'm trying to research and google.

Message 6 of 11
Anonymous
Not applicable

Re: Being Sued Texas


@Anonymous wrote:

Texas is a big ol ball of hot mess. I know when I've tried suing debtors in Texas it wasn't ever worth it for me, due to the hoops you had to jump through and if/when you got a garnishment those were also tricky to inforce. I'm not sure how the rules are in Texas, but in Oregon and in the other states I've collected in you had to personally serve the person their legal paperwork. Anything under 10k was a small claims case, and we would pay a process serving company to go out and serve the person. If we couldn't physically serve them, or substitute service at the residence, then we would have to go back to court and ask for an alternative method of service which could be a posting at their home or a certified letter. However in my experience most judges don't like the certified letters, so we would have to post the papers at the address and prove to them that we KNEW it was their address and they were avoiding us.

It seems sort of sketchy at least from my collection standpoint that they would just notify you via mail that you were being sued. Maybe they are telling you they plan on suing you, but might not have happened yet? You can always call your county courthouse clerk and ask them if a civil suit has been filed against you and they can tell you yes or no. They of course can't give you legal advice, but you should be able to attend University Google and see what the garnishment/judgment collection guidelines are in your state. I know they change quite frequently, and the last time I tried garnishing someone in Texas it was rediculous since the debtor had to agree to be garnished before they would allow it. Texas is very consumer friendly, same with Utah.


I appreciate your response. The letter I got in the mail was a typed up letter format from a law firm wanting to defend the lawsuit for me, trying to get my business, I'm guessing they generate them letters to people that have active cases out against them and mail them out to try to gain business, that's how I found out about the law suit, it was very recent. There was a case number listed on that letter, so I went to the justice of the peace website and typed in that case number and sure enough the suit was in the system, It listed the party's name, the company and said case status active, there is no other information besides that in the system, so I'm assuming that either a judgement will be entered at some point or another or I should be expecting to get served some time down the line.

Message 7 of 11
TXinandout
Frequent Contributor

Re: Being Sued Texas

In Texas they can't garnish your wages, however if they get a judgment, they can freeze your account and clean it up until the debt is satisfied.

BK Discharged 06/02/2016 SCORES AROUND 475

Current scores:
EXP-667
EQ-654
TU-653
Message 8 of 11
Anonymous
Not applicable

Re: Being Sued Texas


@TXinandout wrote:

In Texas they can't garnish your wages, however if they get a judgment, they can freeze your account and clean it up until the debt is satisfied.


Thank you. That's also what I was trying to do. I think this may bankrupt me, and I will consult with a lawyer about this, I knew that they could garnish my bank account however what I did not know is if they only had 1 chance to grab what was in my bank account or if they could continue withdrawing from the bank account.

Message 9 of 11
Anonymous
Not applicable

Re: Being Sued Texas


@TXinandout wrote:

In Texas they can't garnish your wages, however if they get a judgment, they can freeze your account and clean it up until the debt is satisfied.


However, from my understanding is that in order to freeze my bank account and garnish my bank acount they would have to sue my bank and not me, they would need a writ of execution each time they want to hit the bank account.

Message 10 of 11
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