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I'm being sued in Texas


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I need some advice. Back in August of 2001 I had to quit paying on several credit cards. One credit card (Fleet, now Credigy Receivables Inc.) is going to sue me.

Made last pmt August 12, 2001.

August 8, 2004

I was served papers (Citation) by a sheriff at my apartment. Plaintiff is Credigy Receivables Inc. and the law firm is Stewart & Associates. They stated that "you have been sued. "You may employ a attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgement may be taken against you.

On August 17, 2004

I filed a Defendant's origianl answer, a Certificate of Service and Defendant's Original Answer to Plaintiffs Original Petition at the county court house (disputing all charges). I then faxed a copy to the attorney and then I mailed a copy to her. In June of 2005 I checked my credit report and it stated that "consumer disputes this account information". Didn't hear anything at all until....

June 21, 2006

Received a certified packet that I had to sign for (23 pages) at my place of work (not my apartment). In that paperwork was a Final Default Judgement stating that Defendant, me although duly cited to appear and answer, failed to file an answer within the time allowed by law, and return of service has been on file with the court for at least ten days.

June 22, 2006

Paid a lawyer to look over paperwork and he stated that they were saying that I didn't respond back to them in 2004. He wrote a letter and sent it certified stating to them that I had responded with an answer in a timely manner and he also sent a copy of first answer showing them that I had filed it with the courts. He also sent them my home address so that I wouldn' get anything else at work. It's very embarrasing

July 28, 2006

Received another certified letter, along with another packet of paperwork from them (a co-worker signed for it). In this packet of papers were Plaintiff's Motion For Summary Judgement.

They are giving me 14 days to respond (by e-mail) to them if I am interested in discussing a settlement and to please respond with my proposed terms at resolution@ssalaw.net. They then say that one of their attorneys will contact me promply. They do have a phone # but since Friday it's been busy. Believe me I have tried to call it at least a hundred times. Although had I gotten them I have no ideal what I would have said.

I guess my questions are;

1. does all this sound legimate?

2. If so should I respond with an e-mail and what should it say?

3. Just last month they were sent my correct home address but they still sent all this stuff to my place of employment.

4. Is this legal?

In the beginning I tried to work with them but they said what I was offering to pay wasn't enough ($20.00 a month). They even laughed at me. I also understand that If I don't respond to them within the 14 days then a judgement would be placed against me and I truly don't want that to happen.

Sorry this ended up being a book but I'm desperate and don't know where to go from here. I did try and contact a lawyer today and he stated that he charges a flat rate of $1000.00. He also stated that he has never lost a case against Credigy Receivables Inc. but my money situation hasn't changed any at all so I thanked him and hung up. Please someone respond back weather it's with questions, answers or advice.

Thanks

wtrfallgirl

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