This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Complaint Repossession With Credit Card In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-000265
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Word;
Rich Text
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FAQ
The Office of Consumer Credit Commissioner (OCCC) licenses and regulates non-depository lenders providing consumer loans to Texas residents. We also register creditors who sell goods or services on credit terms.
If they sue and get a judgment against you, it is possible they can take cars and belongings to satisfy the judgment, but there is a legal process for that. The important thing here is to not ignore the issue. If you don't respond, the creditor may get a default judgment that they can attempt to collect.
The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover "actual damages". The most common form of actual damages in fair debt collection cases is emotional distress (such as anxiety, fear, nervousness and loss of sleep).
You need to respond to the summons with what is called an Answer. You can go to the clerk of courts and ask to see a case file involving a credit card debt where an Answer was filed and copy the form, but changing the details (eg name and case number) to copy what was in your summons.
The only thing you should ever say to debt collectors is ``what is your address''. Get it and then hang up. Write them a letter saying that any form of contact other than mail is inconvenient for you. Also state that you have no knowledge of the debt, and ask them to verify it with the original creditor.
Debt collectors cannot repossess your possessions if the debt is unsecured, such as a credit card or student loan. In the case of secured debt, however, particularly auto loans, for which the car is collateral, failure to make payments can result in repossession of the vehicle.
Some collectors want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. So, it makes sense to start low with your first offer and see what happens. And be aware that some collectors won't accept anything less than the total debt amount.
If you have a complaint about a professional agency or a third-party debt collector, you may wish to call the Texas Attorney General's Consumer Protection Helpline at 800.621. 0508. That agency accepts complaints of this kind and has additional information about debt collection.
When your car is repossessed, your lender must sell the vehicle in a “commercially reasonable manner.” Once the car is sold, the lender must reduce your loan by the amount sold. If you still owe on your loan AFTER the sale, you have a “deficiency” and can be sued for the amount.