Houston, TX asked in Small Claims and Collections for Texas

Q: How do I answer a suit against me by a CC co. when the debt is mine but I don't have income? Do I lose automatically?

I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about denying the complaints against you but the debt is mine I just lost the ability to pay. I can't even agree to a repayment plan until I have an income. I have no assets and I live with other people. What does a judge usually do in this case? Will I automatically lose and have garnished wages if and when I do get an income?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young, inexperienced attorneys, who sometimes make mistakes.

If you lose, wages are exempt from garnishment in Texas. Unless and until you own non-exempt assets, the judgment likely will be uncollectible.

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