Spring, TX asked in Bankruptcy for Texas

Q: I received a summons to appear in court because I am being sued due to failure to pay a debt.

I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be appreciated.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Hire an attorney snd let them defend it for you. If it is tears old, there may be many defenses available to you of which you are unaware.

Teri A. Walter agrees with this answer

1 user found this answer helpful

Teri A. Walter
Teri A. Walter
Answered
  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: You may have a number of defenses - I'd start by looking at who signed the credit card agreement, and checking how old the debt is. What's next depends on where the case is filed. If it's in the Justice of the Peace court, a trial date will be next. If it's in County or District Court, I would expect that discovery requests would be next, but I've seen credit card companies file motions for summary judgment, without bothering to do any discovery. You may want to consult with a lawyer about the details of the case and the circumstances, to see what your best options are.

1 user found this answer helpful

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