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Texas Collections Questions & Answers
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 agreed to accept the total... 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.

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1 Answer | Asked in Civil Litigation, Copyright and Collections for Texas on
Q: Question regarding small claims court

Let me just put it out like this I’m using fake names, just a example. Alex got a loan out for Ryan under Alexs name. Well they break up Ryan stops paying the loan which is in Alexs name. Now Alex is mad because the loan was for Ryan and he should be paying it even though it’s in Alexs name.... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Alex is responsible to the creditor to pay the loan; however, if there is another agreement between Alex and Ryan for a loan then perhaps he can recover in small claims court.

2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt listed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to hold... Read more »

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1 Answer | Asked in Consumer Law, Banking and Collections for Texas on
Q: Can Sprint take money out of my bank account if I closed it and opened a new bank account with the same bank?

Sprint has this clause in their fine print: "You agree that when you provide credit or debit card information at any time during the lease term (including any month-to-month period), you authorize us to charge the card for any and all amounts owed as provided above under “Remedies”

if... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Assuming Sprint is collecting a valid debt, the answer is yes. Why? because The debt is your debt, not a debt owed by your old closed bank account. Caveat: If any creditor including Sprint finds any money of yours in any account at the same bank--possibly even including joint accounts--they can... Read more »

1 Answer | Asked in Contracts and Collections for Texas on
Q: Does a Promissory Note for a loan stating monthly payment amounts have to state an actual beginning payment date?

The promissory note for a loan states the loan amount, interest rate and that installments of a $$ amount are "to be paid on the 30th day of each and every month thereafter until paid". There is no payment begin or end date on the note. The only date on the note is at the bottom "Executed this... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

Most likely after the date of execution.

1 Answer | Asked in Collections for Texas on
Q: How can I get a debt removed from my credit report ? I’ve tried working with collection agency

Debt was incurred four years ago , to apartment complex. I didn’t learn about it until I heard from collection agency 3 yrs ago. Tried recently to move to new apartment complex but found out I can’t with this on my credit report.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 5, 2019

If it is a legitimate debt then it can stay on your report for 7 years. If it is not legitimate then you need to take the steps to object including filing through the credit report agencies.

Another alternative may be bankruptcy.

1 Answer | Asked in Collections for Texas on
Q: How can I see if I have a lawsuit against me? I keep receiving advertisements saying I have a lawsuit against me

I never received papers of someone suing me other than these advertisements so I don’t know or understand what’s going’s on

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 30, 2019

It is most likely scammers. A frequent recorded message states something like "you need to call us back or we can't help you about the lawsuit and then there is a different phone number from the original one and it sounds like a robot". If that is the case do not call them back or give them any... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Federal Crimes for Texas on
Q: Can my wife have a warrant for her arrest for not paying the rest of the bond that she cosigned on?

Even though I had gotten arrested after that and signed for my punishment for that same charge she bonded me out on?

Roy Lee Warren
Roy Lee Warren answered on Jul 13, 2019

No arrest would issue because it would be a civil suit to collect on the bond. Also if you ahev already pled to the case the reason for the bond has dissipated.

2 Answers | Asked in Criminal Law, Traffic Tickets, Collections and Probate for Texas on
Q: How can I get my failuer to maintain financial responsibility citation dismissed

Also my criminal mischief charge dismissed

Grant St Julian III
Grant St Julian III answered on May 13, 2019

Yes, any citation or criminal charge CAN get dismissed. What will happen in your particular case depends on the particular facts of your situation. Call a local lawyer. Good luck.

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1 Answer | Asked in Collections and Consumer Law for Texas on
Q: Once a civil judgement has been entered, can the creditor send you to a collection agency and ask for more money?

My landlord file suit and was awarded $999 plus court cost. I was alerted by Credit Karma that a collection report had been made on my credit file from the same creditor but the amount is over $5K. Can they do that? When in court, they never asked nor did they receive this amount. What can I do... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

The answer starts with that depends. If this is an old judgment the post-judgment interest could have raised teh total owed to over $5000. Or possibly the judgment included attorney's fees beig awarded to the creditor. You should get a copy of the judgment if you don't have one and use an online... Read more »

1 Answer | Asked in Criminal Law, Banking and Collections for Texas on
Q: I rcvd a letter from DA for hot chk saying I had 10 days to pay in full. I don’t have that cash, would they accept arr.?

I wrote an NSF chk for over $1500 a couple months ago and deposited in another of my bank accounts, thinking one bank would approve the overdraft. The chk cleared, I used the funds and then it bounced. I had the intention to pay but couldn’t receive the funds I was expecting. So I tried to make a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Intentionally writing a worthless check in the amount you did is a felony in most if not all states in America. Since you did not accept the bank's offer to allow partial payments toward resolving the issue, the bank pressing the charges does not have to do anything more.

Advice: Your full...
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1 Answer | Asked in Products Liability, Civil Rights and Collections for Texas on
Q: Can i be owed money if i was born in 1992 i heard
Tim Akpinar
Tim Akpinar answered on Jan 3, 2019

Try reposting your question. It looks like the second part of it was cut off.

Tim Akpinar

1 Answer | Asked in Collections for Texas on
Q: Is there a limit as to how high an interest fee can be for a medical debt?
Stuart Gregory Steingraber
Stuart Gregory Steingraber answered on Dec 14, 2018

The amount of interest a service provider can charge is usually based on state law. Interest on loans may be lower than interest on services or goods sold. Check with a lawyer in your area. Some offer free consultations. Take them up on it.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: I've had a judgement on me revived and now it appears they want to take garnishments. What can I do to stop this, pay?

This credit issue was with my ex husband over 10 years ago and he had gambling issues and took advantage of my credit at the end of our marriage. At that time I didn't know, moved away, and was not aware of any cases against me until years later when I try to purchase a home.

Timothy Denison
Timothy Denison answered on Nov 7, 2018

Depending on your divorce settlement agreement, you may get some relief in the divorce court. Depending on your financial situation, you might be able to negotiate a settlement of the amount. Also depending on your financial situation, you might be eligible to file bankruptcy and discharge the... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Collections for Texas on
Q: Can incarceration be a reason to get a broken lease off of my credit
Grant St Julian III
Grant St Julian III answered on Jun 14, 2018

Ask this question to a consumer law or landlord/tenant attorney for details, but the answer is no.

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