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Texas Collections Questions & Answers
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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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: I won a judgment in a civil suit recently. My question is what is the next step in order to recover the money?

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.

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Collections for Texas on
Q: Notification of a lawsuit from a loan several years ago?
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 26, 2022

You've provided no facts upon which anyone can form an answer. Please retry with the relevant facts.

2 Answers | Asked in Collections for Texas on
Q: I sold my truck to a buddy of mine and he’s paying it off but is 6 months behind on payments what do I do?

There was no contract just a hand shake.

Barry W. Kaufman
Barry W. Kaufman
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.

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2 Answers | Asked in Criminal Law and Collections for Texas on
Q: What can I do about some one owing me loaned money with proof of loan

I have text messages and a signed contract with witnesses

Barry W. Kaufman
Barry W. Kaufman
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.

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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

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

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Collections for Texas on
Q: I have a debt collection from a property place that I never resided in and application was canceled. Can I sue them?

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 »

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Collections for Texas on
Q: What's the next step if a collection agency didn't provide proof the debt was mine?

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 »

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
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 »

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
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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
PREMIUM
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.

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