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Lawsuit Filing - Texas


kevbo62
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First, I (we) do acknowledge and accept that there is an existing debt owed.

My wife and I had a FirstUSA Credit Card. We had it for many years and then we bought our first home. We made minimum payments until our Mortgage Company (Countrywide) sent us a statement (June 2005) which reflected our new monthly payment of $1809.20, up from $1059.46; no explanation was ever given except our Escrow Account was deficient and it would take us a year, of these huge payments, to catch it up. We started getting further and further behind on the Credit Card (and other cards, and our only car), all the while trying to save our home. The debt was then assigned to a Law Firm who said they were collecting on behalf of Citibank. I had countless conversations with them and even requested that they furnish me with a copy of the contract showing their acquistion or purchase of the debt from FirstUSA, noting that we never signed any agreement or for that matter ever had, a Citibank Credit Card. They refused, simply saying that Citibank bought FirstUSA and that they (Citibank) had referred our account to them for collections. I kept asking for the contractual proof, but they started calling us at work and at home, and threatening to call our HR departments to garnish our wages; because of these threats, I started paying them $300.00 a month. They continued calling, I kept asking for a copy of the contract, and at one point they even called a neighbor (two doors down) asking her about the debt and if she knew us, and if she would have us call them; unfortunately, she didn't really put their phone call with our name, but her husband did (later that evening). I called them, confronted them about the call to our neighbor; they maintained it was not them and then asked me if we would be willing to settle this debt (for a reduced amount). I said that we may consider such proposal IF they provided us with a copy of the contract and then put the settlement parameters in writing; they refused to do either; I promptly quit paying them.

And now, 8+ months later and no contact from their office (in writing or by phone), we get served (the guy actually used a wrapped Christmas present to lure my wife, and 6-yo son, outside and then when he went to give her the wrapped present, he pulled it back and slapped the notice in her hand and said "Merry Christmas") with a lawsuit in District Court last Saturday.

I (we) need to know a few things. I have understood that (if they secure a judgement against us) they can only secure a lien against our property but .... I have also heard they could garnish our wages and/or seize assets.

Anyone familiar with Texas Law on this matter? Your professional assistance would be greatly appreciated. I want to pay the debt but I also want to know our rights.

I believe we must respond to their lawsuit by end of business on 12/26/06.

kevbo62

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In Texas they cannot take your homestead or garnish your wages. They can however sue you, get a judgement and sieze your bank account if they can find it. You need to answer the suit. Make them prove their case. I was sued and took the debt from $20k to $1k with the help of a good lawyer. If you are in Houston I have the name of a great Consumer attorney. Good luck. Remeber, as my attorney told me, This will come to pass. and for me it has.

Keep all of your documentation and record calls. You may need it.

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