Lawyers, Answer Questions  & Get Points Log In
Texas Collections Questions & Answers
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They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.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 -...
Read more »

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 »

1 Answer | Asked in Civil Rights, Collections and Legal Malpractice for Texas on
Q: My HOA sent notice that it is increasing 28% in Tarrant County and back charging 2020 Q-4 charges; Is this legal?

Construction is still going on in the area and no facilities available because of COVID.

Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

Look at the deed restrictions, Bylaws and Rules of the association to see what they can and can't charge, and whether there are limits to the increases.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: Debt reported to Credit Agency: Lack of communication between Hospital and Debt-collection Agency (DCA)

Here is the Timeline:

April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.

June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. It may also be a violation of the Fair Credit Reporting Act.

1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... Read more »

1 Answer | Asked in Civil Rights and Collections for Texas on
Q: I need to send a certified registered letter for payment from owner due on an abandoned vehicle in Texas

I have all the info on the guy I just need help writing it or someone show me a sample one or a cope of one

Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

For payment of what? This kind of letter is necessarily very fact-specific. You'll want to be very business like, avoid opinions or characterization of the other party or their actions (or failure to act). State what they owe, what they debt is for, when you expect them to pay, give them a... Read more »

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... Read more »

1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... Read more »

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Collections for Texas on
Q: Hi, I am 17 years old. Debt collectors contacted me today saying I needed to pay off a debt. Is charging a minor legal?

I bumped into an ATT company vehicle 6 months back. My grandfather’s name was on the vehicle and he cancelled the insurance without telling me, so I thought I was driving an insured vehicle. I received a bill in my name for nearly $2,500 a month after the accident and contacted ATT but never got... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

They may not be able to collect now but can later. Did you or your parents have insurance? That may cover this.

1 Answer | Asked in Consumer Law and Collections for Texas on
Q: Question about the confidentiality clause of a debt settlement agreement.

If I write 'full and final payment' on the memo line of a money order intended as a one-time lump sum payment to settle a debt and the confidentiality clause states 'both parties agree to keep the terms of the settlement agreement confidential', would doing so constitute a breach of the clause?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

No it would not breach the clause.

2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.