Just Served in Texas

[safety]

Just received a summons at the door. Alleged purchase of 20 devices shipped to current address.

[SLIP]

Originally posted by safety
Just received a summons at the door. Alleged purchase of 20 devices shipped to current address.

damm 20 devices...what part of texas

[safety]

Dallas area, this was back in the emulation days of the H. There is no proof of money made like they say, and it was not shipped to my current address, which they say they were shipped.

[akdss]

When did you get your original letter?
Any other names on the summons?

I live in the Dallas area.

akdss

[safety]

OH NO, no letter. Just some guy in an old truck. Asked if I was me, said yes, then just handed me the packet, then walked off.
Just curious, I was not even living at my current address in 2001, and this house did not even exist in 2001.

[akdss]

You never got a letter offering to let you buy your way out before being served?

[safety]

No, no letter, just that guy..

[akdss]

They might have tried send a letter to the old address and it was not forwarded ot the new. Are there any other names on the summons?

[safety]

No other names that I can see as far as other people being served..

[akdss]

Thanks for the information. Possible lawer for you.

Steven T. Burgess, Esq.
1504 E. McKinney Street, Suite 500
Denton, TX 76201 [Dallas/Ft. Worth]
940-484-8578
PLEASE ONLY CONTACT HIM IF YOU HAVE BEEN SUED!

Shackelford, Melton & McKinley
Mr. Michael McKinley, esq.
10100 North Central Expressway
Suite 600
Dallas, TX 75231
Firm main number 972-490-1400
E-Mail: mmckinley@shacklaw.net
Web Site: http://www.shacklaw.net
Please send an E-Mail with DirecTV letter in the subject line.
Contact: Mr. Michael McKinley, esq.

McEntire & McEntire Law Offices

Mr. Michael J. McEntire, Esq.
5613 Glenview Drive
Fort Worth, Texas 76117

Telephone: 817-656-0400
Fax: 817-656-0525
E-mail: mikemcentire@sbcglobal.net

[safety]

Thanks for the lawyer info.. What can they actually do to you. This is Civil, so no prison term. So, you go to court, they tell you to pay a bunch of money. Then what happens if you don't pay because you don't have it. No money for lawyer, no money for anything. Barely money to eat. What can really happen...

[akdss]

If you do nothing they win by default. Possible garnish wages or a lean againt your house. Talk to lawyer first conversation free.

[akdss]

What court was lawsuit filed?

[safety]

Well I heard it is real hard to actually sue someone, and get wages garnished in Texas. My debt counceling people told me this after I get a letter from a lawyer for a CC debt they were trying to take us to court for.

[crownvic]

They can't garnish wages in the State of Texas, in fact you need to talk to a Lawyer,but in Texas there is not much they can do to collect.
You are allowed up to 60,000,00 in personal property, so if you have 150,000,00 of Furniture etc the value what it's worth to sell maybe only worth a third of that so they can't touch it.
They can go in your bank if they find out if you have an account..and deplete your bank account..

[akdss]

You are correct, it is easy to get a judgment hard to collect. Can you tell me what court the suit has been filed?

[crownvic]

Dallas
edit..
It will be the Northern District court..

[safety]

It says United States District Court
Northern District of Texas
Dallas Division

Summons in a Civil Case

[safety]

Well my house is by no means even close to 160,000.00 and as far as depleting my account, I will tell them personally to let me know if they find something..

[crownvic]

yes my bad it is in the Northern district,,
Its not your house they cant touch your house,now if you come to sell it then they will have their hands in their.
I was talking about what is inside your house..60,000,00 and your car they cant touch or your wifes vehicle,they are means to work so they can't touch them.In fact they may end up violating your civil rights if they start trying to get into things that they have no business in..:)

[safety]

How sad, but good, we probably do not even have 20,000 of personal belongings in our house.. Bedroom set, three TV's, couch, two chairs, computer. Come to think of it, just not much at all. I guess this just proves I am poor..

[crownvic]

Best thing to do Safety is consult with an Attorney ,he won't charge you much for a brief consultation.
He will then explain in detail some of the finer things of what is EXEMPT AND NON EXEMPT.
It will mess up your credit..and it;s really not what you want if it can be avoided in some way.
Once they have a Judgement it is a legal debt and you do become the debtor and they are the creditor.

[safety]

how long can it stay on your credit. I have some other stuff on there as well. So, I am looking at my seven for now. Can they get it on your credit for longer than seven years.

[crownvic]

It's my understanding that it can be reniewed,so I would have to say Yes. Like I said an attorney could tell you better ...

[Lager]

The judgement can be renewed but it does not allow them to place it on your credit again. 7 years is the limit for a bad debt. Do not confuse this to mean that you no longer owe the monies after 7 years. You still owe the them $ but they can not place it on your credit.


Lager

[safety]

Well I really do love a fight when it gets technical. But I have heard that it just takes so much money to fight even if you can win. In my case, talk to a lawyer or now, I do not have the money to pay for anything. I can do free, but thats it. Well I guess the only thing credit wise I will need in the near future is another vehicle in five years, maybe. Even so the bank that gets perfect payments should finance another vehicle regardless. Sure seems unfair they can say something was shipped to my current residence when it was not, and it can be proved. My house was not even built in 2001.

[f'd]

Safety,

For what its worth I worked with Mr. McKinley a while back. I had a couple of conversations with him regarding my options (settle vs. fight) before we even started talking his cost. He is a straight shooter and was very knowledgeable.

Good luck.

[safety]

F'd... Please tell me more. I am not out on the option to talk, but there is no money to settle, fight, or hire a lawyer.
I would like to know more F'd..

[DIGGITTT]

I hope no one objects to this but here is some Legal Help that wont break your bank... Take a look at it if it is for you then great if not, that is ok too. www.prepaidlegal.com/info/pantoine

[f'd]

Not much to tell really... after weighing the options I settled via McKinley. For me it was the lowest cost and least protracted way to deal with it. From what you are saying about your situation this doesn't offer much in the way of help. My situation never got as far as a summons though. Was merely offering up my experience with this attorney as I had a couple conversations with him at no cost before I decided to put him to work for me. Not in a position to offer advice regarding your situation.

[yellaboyla]

Judgements can be renewed forever if they choose to do it. Like in an earlier post, it can only stay on for 7 years from the date the judgement is entered.





§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.




Originally posted by crownvic
It's my understanding that it can be reniewed,so I would have to say Yes. Like I said an attorney could tell you better ...