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This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

What Steps Can I Take When an Old Creditor Files for a Writ of Scire Facias in Texas?

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Question from Sopark, What Steps Can I Take When an Old Creditor Files for a Writ of Scire Facias in Texas?

Answer from AI:

When an old creditor files for a writ of scire facias in Texas, it means they are trying to revive a dormant judgment against you. This can be a complex legal situation, and it’s important to understand your rights and potential responses.

Understanding a Writ of Scire Facias

A writ of scire facias is a legal order that a court issues to require a person to show cause why a dormant judgment should not be revived. In Texas, a judgment becomes dormant if no execution is issued or no writ of scire facias is filed within ten years from the date of the judgment or the date of the last execution issued on the judgment. This is according to Section 31.006 of the Texas Civil Practice and Remedies Code.

What Can You Do?

If you receive a writ of scire facias, you have several potential courses of action:

  1. Consult with a Legal Professional: This is a complex legal situation, and it’s recommended that you consult with a legal professional who can provide personalized advice based on your specific circumstances.
  2. Respond to the Writ: You have the right to respond to the writ and present your case in court. This could include arguing that the judgment is not dormant, that the creditor did not follow proper procedures, or that the debt has been paid or discharged.
  3. Settle the Debt: If the debt is valid and you are able to do so, you may choose to settle the debt with the creditor. This could involve negotiating a payment plan or a reduced lump sum payment.

Legal Assistance

It’s important to remember that this is a general guide and may not cover all possible scenarios. Legal proceedings can be complex and the outcome can depend on many factors. Therefore, it’s recommended that you consult with a legal professional who can provide personalized advice based on your specific circumstances. You can find legal assistance through the State Bar of Texas.

Remember, the law is there to protect your rights. Even if you owe a debt, you have legal protections and options available to you.

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The answer is written by AI.

The text above is written by AI, i.e., a computer.

Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.

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