final summary judgment

[marm]

Hello,

I just received a Final Summary Judgment for a credit card debt i cannot pay at this time.

I originally received an Original Citation (Plaintiff's Orig Petition) and I submitted within the 20 days, a "Notice of Intend to Defend" via certified mail to the Court, copied the attorney, and submitted a certified letter advising the attorney's office of my notice. I did not answer the Request for Disclosure, Interrogatories or Request for Production.

I did not do anything else and waited for a trial date to be set. I never received any notice of a trial date, and now I receive the Summary Judgment.

Was I not supposed to receive a notice of the trial?
Will they be able to garnish my wages? I live in Texas.

Also, can you provide me with information on levy on a bank (checking) account....If I understand correctly that is where they can freeze funds as soon as paychecks are deposited. I have direct deposit at my job.....is that a possiblity?

I read the following recently and wondered if it was true

"It's important to understand that once you deposit your paycheck into your bank, it's no longer considered wages. In fact, once it's in your bank, it's fair game and a judgment creditor can have a Writ of Garnishment issued from the Court, which freezes those funds. You have the right to a hearing, but normally the money ends up going to the creditor. If you have checks out on those funds, it's just too bad, the checks bounce. It's a mess.

any information will be very much appreciated.

 

[lwpat]

You can file a Rule 60 motion with the court to have the judgment set aside since you did not receive notice of the hearing.

 

[marm]

Do I need to hire an attorney to prepare that motion? Or is there somewhere I can get something to go by?

the only thing I can think of as far as them issuing the notice for such hearing is that if they sent it certified mail and I did not receive the notice to pick up the mail. How would I argue that I really did not get a notice from post office to pick up the certified mail?

thank you.

 

[lwpat]

You should have gone to the PO and picked up the letter. It depends on the law of your state. Usually personal service is required but after initial service, certified mail is OK and it does not matter whether you actually pick up the letter or not.

 

[marm]

I would have picked up the notice if I had received the notice to pick it up. I was waiting for the trial setting; therefore, I would have picked it up.

I thought I was getting a personal service like when I received the original petition or just a regular mailed envelope.

Do you know anything about the possiblity of them "attaching" my bank account or a bank levy to freeze my account in the future? My bank suggested I change my account number. Do you think that will avoid it until I can pay it, or will they eventually find the new account number?

thanks you!