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Two weeks ago I received a "drop docket" document concerning a credit card debt now I have a "motion to retain" what happens now
Anonymous2 views2 answers
my husband died in June of 2004, I was advised by an attorney, if you can't pay don't and we'll see what happens. More than a year ago the attorney for the credit card company sent me papers that said they intended to sue, until two weeks ago when I got the "drop docket" notice I actually had forgotten all about it, now today I get all these papers asking the court for Motion to retain and set trial, I'm scared silly, I don't know what to do, I can't afford counsel, I don't know what to expect, can my bank account be frozed, can my wages be garnished, is their still chance of making a payment arrangement, what is a judgement will they take my home, please help!
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
Drop docket means the credit card attorney did not get you served with citation or do anything about it for so long the court is ready to throw the case out. The motion to retain means the creditor wants a chance to keep the case alive. The court will hear the excuses for why it should be kept or dismissed and decide.
As for the merits of the suit, I have some key fact questions. Were the cards in your husband's name alone? If yes, you have very good defenses against the suit and could actually win if the suit is retained.
If your name was on the cards, you may still have very good defenses especially if the account has been sold.
Call me for a free consultation to discuss your options.
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
They cannot garnish your wages in Texas, even with a judgment. They cannot take your home in Texas provided that you have filed for a homestead exemption, even with a judgment.
At the time you made this post, it sounds like they are just trying to keep the case active because they have been unable to serve you. There is a good chance that the case will be dismissed or DWOP'ed (dismissed for want of prosecution) if they cannot serve you before the dismissal date.
