writ of execution?
I am being sued by a credit card company for $5,000 I was served papers about 2 months ago, I talked to the clerk at the judges court and she advised me to write the creditors lawyer back defending my case. also telling them I am unemployed.(4yrs) I wrote them the letter and apparently they are moving forward with this lawsuit, the debt was not sold to a collection agency it is the original creditor. I did respond to the Lawyers with a letter stating my attempts to pay the debt and how Target would not work with me)I also asked if they would settle for half I would make monthly payments of $100 (I did have the clerk file a copy of the letter I sent) the clerk mentioned to me that a WRIT OF EXECUTION could be a possibility or a judgement against our property. I am not so concerned with the judgement (I plan on staying where Im at until I die) as I am with the writ of execution. My concern with the writ of execution is that even though my husbands name is nowhere on the card, Texas is a community property state. I am concerned as to what they are able to take for payment if a writ of execution is pushed.
We have 4 vehicles, (all 4 family members are of driving age) we owe on 3, my name is on two of them. one is paid off.(old truck)..the other things we have are things in my husbands shop such as tools, compressor, and a tractor that we actually sold to his dad 2 yrs ago but he keeps it at our house most of the time. keep in mind we have not purchased anything in his shop but the tractor in our name, the tools,etc...are things that are borrowed or given to my husband for payment for working on peoples vehicles (he does not accept money) I personally do not have anything of value. We have contacted a lawyer about me filing chapter 7 but I am also confused about that, because as I read on the internet, with chapter 7 a lawyer could appoint someone to basically see what we have and sell it also to pay this debt. or that a creditor could possibly reverse the chapter 7 (this $5,000 is my only debt besides maybe a few medical bills totally no more than $1000) my fear is that with the writ of execution or even the chapter 7 they will come and take everything in his shop and sell at a public auction for pennies on the dollar, things that do not even belong to us but are on our property at the time they do "inventory" I am just confused as to what to do, we do not own any other credit cards and WILL NOT have another one, we are just trying to pay everything off we talked about refinancing the house to get the money to pay off the credit card, or borrowing the money for the chapter 7. If the lawsuit continues I will go to defend myself, I do not have documentation of my phone conversations so I am afraid Ido not have much of an argument. I do not deny that I owe the money but I repeatedly ask the credit card company for help, they did help me for 2 six month periods by lowering my interest of which during this time they took money out of my account,"they would review my case after each 6 month period and if I was not late on a payment they would re-evaluate my case and work with me" they added a finance charge of $49 after the first 6 month period "because the TOTAL amount was not paid at the end of the month.. so was never late for a whole year, but after that 2nd six month period they raised my interest rate back up and wouldn't work with me anymore.and raised my interest rate to 29.99% then I was attempting to pay what I could when I could, I would do a check by phone where the money was taken directly out of my checking account, sometimes making payments of $400, It was taking no less than 14 days or sometimes 20 days to post to my credit card account, now late fees are added to finance charges. it will take me 27 yrs to pay off this card the way it sits. We are just not sure wich option to take, I don't want my husband to lose his posessions but I don't know how concerned I should be about the writ of execution.