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
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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 
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
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
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 )?
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How a texan court will reconcile a... View More
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... View More
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
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.
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
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... View More
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... View More
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 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
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.
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
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... View 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... View More
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... View 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... View 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... View 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... View More
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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... View More
answered on Sep 14, 2023
For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services
For various other legal matters: https://www.lonestarlegal.org/
off in 2021, they do have a security interest disclosure in the their 2017 Credit Card agreement, however there was a ruling in Maryland in 2009/2010 that a creditor's disclosure for a security interest was not valid because it was on the second page of their credit card disclosure agreement.... View More
answered on Jun 28, 2023
Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.
I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More
answered on Apr 24, 2023
Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.
I would lose and they would garnish wages, lock bank account, but I only have income from Social Security and pension...can I just ignore the summons then?
answered on Apr 12, 2023
Ignoring a summons is not a good idea. If it is a subpoena or an order to appear, not a summons, you could be arrested (not likely). It is best to try to get the date moved by contacting the opposing attorney or the court. You should consult with an attorney to see if you have defenses to the... View 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.
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... View 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... View 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.
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