Texas law as pertains to the debtor
Can you please explain to me in laymans terms the law with respect to debtors? I received a letter from an attorney stating they intend to file a lawsuit on behalf of the original creditor. I am involved with a debt negotiation company and I want to know what my rights are and what could potentially happen if I am taken to court.
I do have records of
I do have records of correspondence between the creditors and myself, including a letter that informed them that I was working through a debt settlement company, as well as a limited power of attorney from this company, and contact information for this company. I intend to bring copies of these (that I got from the debt settlement company) to the case management hearing in court that I have on 9/8/06 pertaining to the suit brought against me by Citibank as my strongest argument for showing that I am not neglecting the debt but trying to settle in good faith through this debt settlement company. Among the documents that I will be bringing in will be a sheet showing the accounts that are enrolled in this program (which will clearly show this particular account in litigation as being one of them), and the fact that I have deposited funds into an "escrow" account, if you will, for the purpose of being able to settle with these accounts.
sfh We were taken to court
sfh
We were taken to court by a law firm contracted by Discover. All we had to do was appear in court on the appointed date and sign a paper indicating that we agreed that we owed the said amount. The lawyer indicated that they would contact our debt negotiation company for any future contact, and we didn't even have to appear before the judge. This was in Kansas City, Mo; I don't know what other states are like.
Was the law firm Weltman
Was the law firm Weltman Weinberg & Reis? I am having a LOT of problems with them over a Discover Card bill that they claim I owe but I don't -- I have my own valid Discover card in my maiden name -- someone opened one in my name and didn't pay and I am going through Hell --they just don't believe me even though the signatures and information are different.
If this is an issue of
If this is an issue of identity theft, you sould report the theft to the authorities and file a dispute over the account to the credit bureaus. The FTC has a lot of good information on ID Theft and what to do if you become a victim.
We are working with a debt
We are working with a debt settlement company, however one of our accounts is taking us to court anyways. According to the debt settlement company, Bank of America now known as FIA Card services, has agreed to a lower amount. Confusing to say the least. The Debt Settlement company cannot not advise us on how to respond to the Request for Admissions. However, they have indicated how we respond can affect the outcome of our future settlement. Are there any examples or advise of how to respond to this Request?
You better check with your
You better check with your lawyer rather than asking here. It's not very wise to run with the information your find on the Internet all the time.
Daniel, bad credit loans specialist.


A creditor can sue for
A creditor can sue for non-payment of an account. Be sure to keep any records of correspondence between you and the creditor informing the creditor of your hardship and your efforts at trying to pay off your debt through settlements, based on your financial ability (and in consideration of your financial hardship).