I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »
answered on Mar 3, 2023
Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.
If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up... Read more »
answered on Feb 27, 2023
You need to contact Civil Litigation Attorneys to go through the facts and determine what can be done.
Use the Justia search bar at the top of this page.
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... Read more »
Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up... Read more »
answered on Feb 6, 2023
You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.
I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.
The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.
I... Read more »
answered on Jan 27, 2023
Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.
I went to pay my auto loan off and get my title and they told me they won't give it to me because of a signature loan from 2015, it shows as a closed account on equifax and transunion
answered on Jan 24, 2023
You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.
I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... Read more »
answered on Jan 10, 2023
They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... Read more »
I moved out of an apartment in El Paso on 30 June 2021. I had a move-out inspection with an employee of the apartment complex and wasn't notified of any issues.
On 8 February 2022, I was emailed an itemized list of damages for the El Paso property. I disagree with all of these damages... Read more »
I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... Read more »
answered on Jan 2, 2023
No, you don’t have to pay for them.
No, you can’t keep them.
Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.
I had good credit history up until this- bills paid, maybe once or twice late. He has ruined my credit and I need help knowing what i can do.
answered on Dec 22, 2022
Your post is confusing. Your boyfriend at the time paid your bills for 3 months when you were unemployed. You broke up in March 2022. He reported *what* as fraud? What does this have to do with your credit rating? You didn't connect the dots or dots are missing.
Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... Read more »
answered on Dec 14, 2022
Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.
Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.
I suggest you take the Order of Nonsuit to your bank and tell them you want your... Read more »
I won a civil suit against a neighbor who hit my parked truck in the middle of the night. The judge awarded me a certain amount and I wanted to know if I could do a writ of garnishment. If so what is the process??
answered on Dec 7, 2022
Yes. File the application for writ of garnishment with the same court. Serve the garnishee (e.g. the bank, S&L, etc.). Then serve the judgment debtor (your neighbor).
The garnishee will typically contact you to tell you how much money was in the neighbor’s account and how much... Read more »
It was a civil suit where the other person hit my parked truck in the middle of the night and their insurance company refused to cover the deductible as well as other financial debts that were created due to this incident.
answered on Dec 6, 2022
You can request a writ of execution against the judgment debtor, or garnish their bank account, or apply for a turnover order to secure their right to indemnity under the insurance policy, etc.
answered on Oct 26, 2022
You've provided no facts upon which anyone can form an answer. Please retry with the relevant facts.
There was no contract just a hand shake.
answered on Oct 20, 2022
You can take him to small claims court, or not. You don't mention if you signed over the title to him. I recommend you consult a lawyer with all of the facts because if not, you increase the odds of not obtaining a good result.
I have text messages and a signed contract with witnesses
answered on Sep 29, 2022
If it's been a while and you haven't paid, hire an attorney to file a lawsuit, although depending on the amount and your preferences, you might want to do it yourself in small claims court.
being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do
answered on Sep 20, 2022
You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... Read more »
I initially applied for an apartment and they then they changed the rental price, telling me that it was an error on their end. so I contacted them and canceled my application, months later they reached out saying I owed a "move out fee" but I never once lived there ,I contacted them... Read more »
answered on Sep 1, 2022
Yes. You can and should sue them for a declaratory judgment under Chapter 37 of the Texas Civil Practice and Remedies Code. While you will obviously have to pay an attorney upfront an hourly fee, you could recover such fees in a final judgment if you prevail at trial. The potential to recover... Read more »
I received a letter from debt collection agency. I sent the a written response certified mail asking them to provide more info that the debt was mine, specifically a written agreement that I signed or proof that I've ever paid on this credit card debt. They replied with the same information... Read more »
answered on Aug 20, 2022
You can actually sue a debt collection company and get your attorney's fees awarded. That is probably the next step if you want to deal with the matter. You can invoke the unfair debt collection act. You also have a valid claim for the Texas Deceptive Trade Practices Act, which ties in to the... Read more »
Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?
The first part of the... Read more »
answered on Apr 3, 2022
If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).
If you only paid the seller, but not the... Read more »
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