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Texas Collections Questions & Answers
1 Answer | Asked in Divorce, Family Law, Business Law and Collections for Texas on
Q: Per decree indemnity clause am I entitled to be reimbursed legal & receivers fees paid to collect judgement ($200K)?

I was awarded 70% of marital estate. Ex sold the asset (our business) while under standing orders for purported zero dollars even though I was awarded value of $2m. I have paid over $200k to attorneys and receiver to try to collect. Ex has been sent to jail twice for contempt. One receiver even... View More

John Michael Frick
John Michael Frick
answered on Jan 26, 2024

Attorney fees are typically recoverable in a suit to enforce an indemnity obligation just as they are in any other suit on a written or oral contractor.

A receiver's fee is typically paid from the money recovered by the receiver "off the top." Whatever proceeds remain and...
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2 Answers | Asked in Collections and International Law for Texas on
Q: I owe money to someone in a foreign country, can they enforce the judgement in the US?

My business partners back in my home country started suing me for money just after I left to the USA, my dad hired an attorney but lost 2 cases and now they want me to pay over 150k USD, can they uphold the judgement of that foreign country in the Middle East and come after me here in the US? I am... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, the enforceability of a foreign judgment in the United States, and particularly in Texas, depends on several factors. Generally, U.S. courts may recognize and enforce foreign judgments under certain conditions, but this process is not automatic.

Texas, like many states,...
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1 Answer | Asked in Small Claims and Collections for Texas on
Q: How do I answer a suit against me by a CC co. when the debt is mine but I don't have income? Do I lose automatically?

I want to know how to write an appropriate answer for the petition for which I was summoned and I would like to know what possibilities to expect. I read online that not having income to pay your debt is not a defense but it is the only true explanation I have. All the online advice is about... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

You can file a general denial. Lots of things can happen to derail a lawsuit even in such a case. For example, the plaintiff may not be able to prove that you owe the money or how much. Debt collection cases by credit card companies in small claims courts are frequently handled by young,... View More

1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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2 Answers | Asked in Real Estate Law and Collections for Texas on
Q: Common law married couple, wants to make it legally binding wife receives all proceeds from sale of home

Common law couple wants to sell their home they will be making about $450,000 on the home after mortgage is paid off, etc. They were going to split it down the middle however judgment has been set against the Husband. Is there anyway to make it legally binding that when the home is sold the wife... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

If the home was occupied by the couple and declared as their homestead, the home and the proceeds from the sale of the home are exempt from the claims of creditors anyway. Just be sure not to commingle the proceeds with any other joint management community property funds or with any of the... View More

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1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

1 Answer | Asked in Collections for Texas on
Q: what is a complaint for concursus

MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed. The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Collections for Texas on
Q: As a plaintiff in federal court on a federal question, what is another word for, "Overpayment?"

I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing.

The word...
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1 Answer | Asked in Banking and Collections for Texas on
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.

I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View More

1 Answer | Asked in Collections for Texas on
Q: What should I do if the plaintiff has filed for a motion of continuance in a civil suit?

I am a defendant (based in Denton County, TX) in a debt lawsuit. The plaintiff (based a Lubbock, TX) filed a motion of continuance on 10/11, and we have a trial date set for 10/19. No ruling has been made on the motion. As of 10/17, we have not come to any type of settlement or agreement. Should I... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2023

It depends on the facts and circumstances of your particular case and on your docket position.

By "docket position" I mean where your case is on the list of cases that your particular court has set for trial on October 19, 2023. Ordinarily, a court will have several cases set...
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2 Answers | Asked in Bankruptcy and Collections for Texas on
Q: I live in Texas and being sued by creditor in small claims. I cannot pay this I have medical condition and apply disabil

I have filed disability. I have other things to pay food and housing and cannot pay the creditor. I do not have money to file bankruptcy either

James L. Arrasmith
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answered on Sep 14, 2023

Given your medical condition and financial constraints, it may be advisable to consult with a legal aid organization or seek pro bono legal assistance to explore possible options for managing or negotiating the debt with the creditor. Additionally, you can consider exploring debt relief programs or... View More

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1 Answer | Asked in Contracts and Collections for Texas on
Q: My mother and I have been notified by email of a lawsuite (Small Claims) in Travis County, Texas. What do we do next?

1) The Plantiff is an elderly Caregiver agency. My father is terminally ill with Parkinsons and Cancer and was the receiver of the caregiver services.

2) My mother and I (Power of Attorney) signed a contract for the services. The Agency terminated the contract after my mother accused... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

File a written answer to the lawsuit. Appear in court on the date your case is set. Explain that you refused to pay for the two nights of neglect. If the investigation of the abuse complaints concludes before then and finds abuse or neglect, you might consider subpoenaing the investigator to... View More

1 Answer | Asked in Divorce, Family Law and Collections for Texas on
Q: Foreign court judgement enforcement in Houston Texas

1

What factors besides proper summon of court will a texan court take into consideration when hearing a foreign court judgement enforcement to collect compensation for a divested property decreed to own by an ex spouse in Houston Texas )?

2

How a texan court will reconcile a... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2023

1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.

2. If the property is land located in Texas, only a Texas court likely has jurisdiction to...
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2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

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.... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

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.... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.

You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.

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1 Answer | Asked in Real Estate Law, Foreclosure and Collections for Texas on
Q: I live in TX and have a timeshare in IL that is being nonjudicially foreclosed. What is going to happen to us?

Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?

Barry W. Kaufman
Barry W. Kaufman
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...
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2 Answers | Asked in Collections and Banking for Texas on
Q: A bank is holding my car title as collateral for a signature loan from 2015

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

John Michael Frick
John Michael Frick
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.

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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

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... View More

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

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... View More

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: Can I file a writ of garnishment once a judgment has been made?

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??

John Michael Frick
John Michael Frick
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...
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