I have approximately $57,000 in debt with USAA. 35k in credit card and 22k in personal unsecured loans that I want to walk away from. I know Texas is a very friendly state for debtors but was wondering how aggressive is USAA? Is it better to try and work out a deal with them?
TX is a debtor friendly state when it comes to how long the SOL is for filing a lawsuit (4 years) and that they don't allow wage garnishment. The other major advantage is the Texas Finance Code 392 allows you to dispute the debt at any time as long as you invoke that code in your dispute letter. Beyond that when you have just recently defaulted in an era when collection efforts are not as lax as they were in the recession you aren't as safe as you think you are.
However, when it comes to defaulting that is well within the SOL for suit USAA is quite aggressive in collecting. You need to read your agreements because there is likely a right to set off on those loans and they could seize your bank account(s) without having to sue. USAA is also not known for selling their accounts to junk debt buyers and winning an original creditor lawsuit that is fresh is virtually impossible.
For that large amount of debt the chances of you just "walking away" are not good at all. I would be seriously discussing your financial situation and debts with a seasoned bankruptcy attorney before you do anything.
If you have that much debt the lawsuit would not be in Justice Court it would be in District Court where they will follow all the rules.