Paul arrived at our Nacogdoches office a few months ago with a letter from Jefferson Capital Systems, LLC. He found the letter taped to the door of his house. “YOU HAVE BEEN SUED,” the letter read, in all capital letters. Paul is a 70-year-old veteran. He lives on a small disability check. It’s less than $1,000 a month.
By the time Paul walked through our door on Pilar Street, his deadline was only a few days away. The letter said he owed more than $4,000. Paul explained everything to Jose Gonzalez, who is an attorney. Back in 2001, Paul was approved for $5,000.00 credit with Conns Plus Furniture and Electronics. Paul’s girlfriend convinced him to buy $3,000 worth of merchandise using Paul’s store credit. The girlfriend was supposed to make the payments, but she didn’t. After accruing interest at 28.9%, the total grew to over $4,000.
Conn’s Furniture and Electronics is gone. The company filed for bankruptcy in 2024. Jefferson Capital Systems took over Paul’s debt. They wanted to collect.
Attorney Jose Gonzales listened to Paul’s story. “Owing debt is not a crime,” he said. “You may owe the debt, but you still have rights. Debt collectors have to obey the law—including the Fair Debt Collection Practices Act.”
Could they take his disability check? No, Gonzalez said. Could they take his house? No.
Paul needed to do something. “YOU OR YOUR ATTORNEY MUST FILE AN ANSWER IN COURT. YOUR ANSWER IS DUE BY THE 14TH DAY AFTER YOU WERE SERVED WITH THESE PAPERS,” the letter said.
Mr. Gonzalez drafted a “general denial” for Paul to sign and submit to the court.
What is a “general denial?” It’s not the same as admitting guilt. But you’re not denying guilt, either. You’re just saying, hey, let me see your evidence. Learn more about a general denial on the Texas Law Help website, here.
Paul signed the general denial. He submitted it to the court. Now he waits. If the company wants to keep working on the case, they can. They may decide it’s not worth it. After all, you can’t get blood from a turnip. Now Paul can go back to his regular life. He knows his rights. He knows he won’t lose his home or his small disability check. He can sleep in peace.
*Name(s) have been changed to protect the client’s identity.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
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