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Texas Collections Questions & Answers
1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

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 »

Leroy Scott
Leroy Scott 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...
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1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

1 Answer | Asked in Real Estate Law, Civil Rights and Collections for Texas on
Q: What type of letter I need?

I recently receive my rental report history and I have a balance for $36,575 with zero late fees zero late payments zero court dates so I called the company and I asked them how did I and why do I have a balance of $36,575 they told me they don’t know the person who used to work for the... Read more »

John Cucci Jr.
John Cucci Jr. answered on Feb 5, 2022

I would need to read the document to advise you on it. Try to attach it to a question here, and I can review it. Otherwise you can call my office.

I really need more info here.

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
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1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
Aimee Hess answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

1 Answer | Asked in Bankruptcy, Contracts and Collections for Texas on
Q: Will I still owe my lender money from a reposed car even though they told me I wouldn’t ?

I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »

Timothy Denison
Timothy Denison answered on Nov 6, 2021

They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Civil Litigation, Identity Theft, Small Claims and Collections for Texas on
Q: Small court debt claim. There’s a lawyer on record for plaintiff but another attorney contacted me. What to do?

The plaintiff (a collection agency) has a retained attorney on record the one who filed the lawsuit, but another attorney claiming to be from the same law firm sent me an email trying to settle outside court. Should I correspond with him considering he’s not the attorney on file? Can he do that?... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 4, 2021

A Texas attorney could advise best, as collection practices can involve state law. However you await a response for two weeks. As a starting point, you could reach out to the first attorney to ascertain what is going on in terms of being contacted by more than one attorney. You ask how to proceed... Read more »

1 Answer | Asked in Tax Law and Collections for Texas on
Q: We made 12 calls to the IRS for pymt arrangement and made payments towards tax bills but they still filed a tax lien.

Every time we called for a payment arrangement they said wait 30 days and call us back because they had not processed our returns. In the mean time we paid $350/month towards $29,000 from 2017 audit and 2018 and 2019 taxes. We got a payment arrangement and after that they filed a tax lien. Is... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

The IRS can file a tax lien if your debt is over a certain amount and/or if you are not having the payments direct debited from your account.

1 Answer | Asked in Collections for Texas on
Q: What can a debt collection agency due? How can I get out of it?

So summer 2020 I signed a lease for a college apt. I decided it was a better financial decision for me not to move in and the apartment company refused to cancel the lease since it was a legal document. However I told them weeks before move in me, nor my co applicant (my mom) could afford it. I... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

The landlord has an obligation to try to find a new tenant, and you're not liable after they do. (It's not clear to me what the $4425 represents.) If you owe the money and can't pay, they can sue you and your mother, and get a judgment against you both for the amount due, plus... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: I left the state of Georgia to come to Texas for a family emergency and now they're telling because I'm behind on my pay

Because I cross the state line and do not let them know they're saying that they're going to put this charge on me of fraudulent use of vehicle

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 23, 2021

It seems like you described a problem but didn't ask a question. Without knowing more, the main thing I can say is that making the payment ASAP is probably going to be the cheapest, easiest, quickest, and most painless way out of the situation.

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Texas on
Q: How can I get my money back from a lawyer I feel has done nothing since hiring him half a year ago?

I paid $3000 to a lawyer who assured me of good things. My husband even denied a plea bargain with the state because this lawyer said he would and he can get a better one. But now he never answers and the state wants my husband to do even more time now. He now even has warrants that he didn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

An attorney has an obligation to respond to his or her client, which in this case is your husband. Even if you were the one who originally retained the attorney, it should be your husband who is calling or texting. If you don't get responses in a couple of days then send an email. If you... Read more »

1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Bankruptcy, Estate Planning and Collections for Texas on
Q: In Texas, If my Dad and I have a Life Estate Deed together and he gets sued, can a lien be placed on the house?

Want to sell house later without any liens being placed ,he is currently living in house.

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

If the house is homestead, the lien won't attach.

When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...
Read more »

1 Answer | Asked in Collections for Texas on
Q: Is it worth seizing a debtor's assets after obtaining a judgement?

Debtor says he'll file bankruptcy & we won't get anything. True?

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

If you have a judgment and don't try to collect by seizing assets, what was the point of getting the judgment?

What many debtors who threaten bankruptcy (and their creditors) don't understand is that if the asset is exempt, they're going to keep it whether they file...
Read more »

1 Answer | Asked in Collections for Texas on
Q: SEIZING DEBTOR ASSETS: what if the only asset the deputy can find is the one the debtor wants to keep?

Does he get to keep 2, since he lives in his girlfriend's house and she drives? Is the deputy supposed to search the DMV for all vehicles owned by the deadbeat? If there is a first lien holder on the vehicle, will that lien holder get the proceeds of the auction and we get what's leftover?

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

The debtor gets to keep one vehicle that they own; he can't simply supply car(s) to someone he lives with. However, the deputy typically does not do any searches - you'll need to tell them what to look for.

As to lienholders, they get the first money out of the sale -...
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1 Answer | Asked in Collections for Texas on
Q: Should I seize a debtor's assets?

We won our case in small claims court against a deadbeat renter who did a great deal of damage to our rental home. The amount awarded was over $13,300. We followed up with the Writ of Execution 30 days later. The deputy sheriff has served the demand letter. The renter has 3 cars and 3 motorcycles... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 25, 2021

Take the assets. The debtor will lose them in a bankruptcy - he's only allowed one car per licensed driver in the house, and he can pick which one he wants. The others should be picked up immediately. The deputy doesn't know bankruptcy law, and the debtor hasn't called a... Read more »

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