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Question
I live in Texas and had a credit card go into default.The debt was sold and that company hired a debt collection attorney.They filed for a summary judgment.I filed papers with the court pro-se and then consulted with an attorney and his suggestion was to not show up to the hearing and let them get a default judgement.I have property and it has mortgage liens.Is this a good approach and what can I expect from the default judgement.
Too bad you aren't Dick Cheney so you could get away with shooting dumb lawyers who give bad advice like that. (LOL) What can you expect from the default judgment? What you can expect is wage garnishment, bank account seizures, vehicle seizures, a sheriff coming to your home to see what can be seized to be sold to satisfy the judgment and liens on any and all real estate. Those are the possibilities. Out of all of those the most likely is wage garnishments, bank account freezes, vehicle seizure and liens on property in about that order. The chances that you can prevail in court and keep that from happening are pretty slim but that shouild not deter you from giving it all you have in order to at least delay the almost inevitable as long as possible. The reason you need to fight even though you might lose is to give you time to get some protection in place. That protection can include protection against garnishment of wages, seizure of vehicles and seizure of furniture and other household items. It cannot protect against seizure of bank accounts or from getting liens against vehicles.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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