Texas Collections Legal Questions

The wording of the settlement agreement will be important - if the settlement is for less than the full amount of the debt then the original creditor may have the right to collect the balance UNLESS your agreement states that the settlement is in exchange for  "full, unconditional release from thedebt without recourse".  I have represented debtors and creditors in hundreds of collection matters and, frankly, you can trust the debt collectors about as much as you can lift a Buick with one hand.  Before agreeing on anything and signing or making payment I recommend having a local attorney who has experience in settlements review your paperwork or you could be surprised by a new claim for the balance down the road.  Even if you "do-it-yourself" be sure to document the creditor name, account number, amounts and dates.  If you were to get another collection attempt you write back that on March 32, 2025 I paid Joe's Collections $467 for account #123456789 - that could be enough to get then off your back and in court they would need to prove that you still owe what they say you owe.... Read More

If the person you sued owns real estate in the state of Texas, you may want to consider getting an abstract of judgment against him or her from the county where you were awarded your judgment. Contact the clerk to see if there is a form available to make this request. Once you have an abstract of judgment, you file it in the real property records wherever your debtor owns real estate property. This attaches a lien to the property, which means the property can't be sold until the judgment is paid. An important caveat to this strategy is that if you file a judgment lien against a person's homestead, he or she may be able to have the lien released without repaying your money. For more information, please visit this website: http://my.courthousedirect.com/blog/bid/365263/Judgment-Liens-on-Property-in-Texas... Read More

For about 3% you will probably be able to have your check cashed at a check cashing store if you are in Texas. Granted, this may result in you having a large amount of cash, but you will have a difficult time opening a bank account while your bankruptcy action is pending, and if the trustee finds out you have opened an account, you could be in violation of the terms of your repayment plan.... Read More

The statute of limitations for credit card collection cases is 4 years. It is going to be up to you to prove that the claim is time barred if Chase decides to sue you for the debt. If you receive a court notice, you definitely need to respond and defend yourself against the claim. Do not ignore court paperwork if you should ever receive it. That is a fatal mistake and could allow the creditor to win a default judgment against you that will go on to your credit report and may allow them to attach a lien to your property that will prevent you from selling said property until you repay the debt. For more information, please go here: http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php... Read More

It is unclear whether or not the debt is for a personal or business debt; however, I will assume the debt collector is calling about a business debt because you indicated they called you on your personal phone number and that your personal business is not their concern. Unless you personally guaranteed a business debt, it is not your personal obligation.  If in fact the collections agent is calling concerning a personal debt that you owe, you should send them a cease and desist letter indicating that you are not to be contacted about the debt. They can continue collection efforts, but they may not call you or contact you by phone after they receive such a letter. It may help if you clarify exactly what's going on to answer your question further. ... Read More

In order to sue someone for money that you loaned them, you have to be able to prove that the money they received from you was a loan intended to be repaid and not a gift free of restrictions. If your fiance signed a promissory note or even sent text or email messages acknowledging a debt to you, then you may have a case to collect on the unpaid portion of the debt. Otherwise, you will have a difficult time in court. If she owes you less than $5000, you can sue her in your local small claims court. ... Read More

I would suggest you have your sister sign a promissory note concerning the loan you made. This will be evidence of the debt and could open discussions about a payment plan of some sort to begin paying back the amount. Also, if shedoesn't repay you, the promissory note is proof of a debt if you have to sue her for the amount.... Read More

FEMA has sent many people repayment demands, but the good news is you may be able to have at least a portion of the amount they claim you owe waived. A law was passed last year that allows FEMA to use discretion about which sums they collect and which they can waive. You have essentially three options: you can file an appeal, file a waiver for forgiveness based on financial hardship, or set up a payment plan. An attorney may be able to help you determine the best route to take in this situation. For more information, please go here: http://www.nola.com/katrina/index.ssf/2012/01/fema_says_it_will_work_to_waiv.html or here: http://louisianalawhelp.org/files/79DDA0B7-0E71-F973-5E6C-BBF823D54172/attachments/11249DD1-062B-5ACB-DD73-D57A7A74D908/294781FEMA%20Self-Help%20Guide.pdf... Read More

When your debt is sold to a collection agency or a law firm, the original credit card company can no longer accept your payments. If you get letters or phone calla from the collection agency, they will usually let you know how to settle the debt and where to send your payment. Ifyour account was sold to a law firm, you may be sued for the balance on the card. ... Read More

Should not be able to do it, but saw one yesterday. The one before that, was because the wages were coming from out of state, and that state recognized garnshment. Yesterday, was the first time ever that in Texas wage payer was garnishing in Texas. Creditors can get to your bank acocunts, and other non exempt property.  Time to get with an attorney and find out what you can do to protect yourself.  My first visit is free.  If you are around Houston, call me, and we will get together this week. ... Read More

Hire a lawyer, asap.  Call me.  If you are in Houston, we will meet immediately. No charge for the first meeting. They may have tried serving you, and stopped, left papers on the door. Sent to old address. How did you find out about it now? The numbers do not tell me which court, looks like county court, but cannot tell. Call the clerk in the county, and ask for information about the case. You can also look on line. Without looking at all the papers, cannot tell what has happened. But this is not a DIY deal.  Way past that stage.  Lawsuit time.... Read More

Without more information it is hard to give you a full answer.  But,  if this was a standard purchase and you did not give them false information on the loan application, I doubt they can, or will, file fraud charges against you.   In Texas, your house, your car, and furniture and tools are protected by the homestead laws and Kays cannot put a lien on your house or car.     You can always continue paying on the account regardless of what else is going on.  Get everything in writing from them.  DO NOT, rely on what someone tells you on the phone.  DO NOT give them electronic access to your bank account.  If it is not in writing, it does not count.   I hope this helps.   Russel L. Robinson... Read More

You should contact a local creditor's rights attorney to determine how best to proceed against the client.  Each state has unique laws with regards to how to receive compensation for breaching contracts, and a local creditor's rights attorney can best determine the best way to proceed. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

You need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your  rights and a local consumer rights attorney will be able to determine which laws apply.   There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues concerning your unique situtation. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More