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Texas debt collection lawsuit help needed answer letter

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Texas debt collection lawsuit help needed answer letter

I recently received a summons for a debt collection lawsuit. I want to respond with an answer letter and file it so that I don't get a default judgment against me. I'm having trouble finding a sample letter, or a template of one, so that i can type something up and submit it to the court and the company suing me. If any of you know of a website or have a download link, please post it. Thank you in advance.

Message 1 of 7
6 REPLIES 6
Community Leader
Senior Contributor

Re: Texas debt collection lawsuit help needed answer letter

Is the debt yours, within the SOL, did you request debt validation?

Some respond to summons by claiming debt isn't yours or SOL has lapsed. You can also try to claim this will cause a hardship.

This is also the time you can try to settle before it goes to court.

What ever you do, you are correct to respond because this isn't going away .However I believe they can not garnish wages in the state of Texas
EXP 763 TU 793 EQ 734
Message 2 of 7
Established Contributor

Re: Texas debt collection lawsuit help needed answer letter

They cannot garnish wages if it is a Texas company or the company you work for is a Texas company from what I researched because I live in Texas.





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Message 3 of 7
New Member

Re: Texas debt collection lawsuit help needed answer letter

Reading the lawsuit, It may be mine, but I'm not sure if they actually own the debt which was a few months away from the SOL. Further, I never received any letters from this debt collector named as the plaintiff. Starting a year and a half ago, I would receive phone calls with blank caller ID from some entity who left voice mails without stating who they were and just stating that they had my SSN & saying that they had made multiple attempts to rach me regarding some matter which they don't name and only leaving a phone number to respond to them.

 

I'm working on filing an answer with a general denial of all allegations and asking for proof of debt and to be notified of all hearings.

 

I've got the heading stuff, the general denial stuff and the certificate of service ready but I'm unsure how to do the middle part of the answer, if anything else is required. They didn't really put specific questions to be answered, they listed 1. service which mentions who they are and who  I am; 2. discovery request at some point, 3. venue which will be here in my county; 4. facts acording to them; 5. account stated; 6. condition precedent; 7. attorneys fees; 8. prayer the last part.  

 

Am I missing anything else? I don't think I can file a SOL defense as I don't yet really know if they own this debt.

 

I just want to prevent bank levys as that will hurt me as I live paycheck to paycheck.

Message 4 of 7
Community Leader
Mega Contributor

Re: Texas debt collection lawsuit help needed answer letter

Hi and welcome

Consult an attorney on how to proceed. Many offer free initial consultation, but even if you have to pay, it will still be a lot less than what you're facing.
I would not enter a court room armed only with internet info. These things dont just go away, and results could potentially cause you a lot of financial distress
Just talk to an attorney and see what they have to say about your plan of action and/or if they have a better one

Good luck
Message 5 of 7
Super Contributor

Re: Texas debt collection lawsuit help needed answer letter

Yes, these places that buy up debt just before SOL are lawsuit mills, and good at it.

 

Get an attorney, and if you don't have a good reason to stop it, prepare to pay. They will get the money.

Message 6 of 7
New Member

Re: Texas debt collection lawsuit help needed answer letter

I already consulted a lawyer who told me to do the answer on my own, but if it gets difficult, call him for help.

 

I'm wanting a payment arrangement, but I want to make sure that they actually have proof that they own the debt before I agree to anything.

 

Do I have to answer every one of the numbered statements or does the general denial cover them all?

Message 7 of 7
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