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Texas Collections Questions & Answers
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.

1 Answer | Asked in Collections for Texas on
Q: What can a debt collection agency due? How can I get out of it?

So summer 2020 I signed a lease for a college apt. I decided it was a better financial decision for me not to move in and the apartment company refused to cancel the lease since it was a legal document. However I told them weeks before move in me, nor my co applicant (my mom) could afford it. I... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

The landlord has an obligation to try to find a new tenant, and you're not liable after they do. (It's not clear to me what the $4425 represents.) If you owe the money and can't pay, they can sue you and your mother, and get a judgment against you both for the amount due, plus... Read more »

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.

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