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Texas Collections Questions & Answers

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 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 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 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

Timur 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 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 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 answered on Jun 14, 2018

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

1 Answer | Asked in Contracts, Traffic Tickets, Collections and Small Claims for Texas on

Q: She had it for 4 months never made a car payment so I ask for it back now I have toll bill that she refuses to pay.

Co worker needed a car, I let her test drive the car and when she agreed to buy it. I told her make monthly payments as much as you can since I was selling it for $2,000. She was going through a hard time. Now that I don't work with her she been ignoring my calls, text and when I go in person. For... Read more »

Grant St Julian III answered on Jun 7, 2018

If the car is registered to you, you are responsible to the tolls incurred. Did you sell the car or not? Did you execute any documentation regarding the sale? If you have a Bill of Sale, or a contract that proves the date you sold the car, you can show the contract to the North Texas Toll... Read more »

1 Answer | Asked in Collections and Probate for Texas on

Q: My girlfriend's ex husband passed away in January.

How can she find out if perhaps her name is on any insurance policy or bank accounts or any policies as she did not contest her divorce or return to texas because of his physically violent behavior.He was living in Bastrop,Texas when he passed away January 2 of this year. He had no family and she... Read more »

Terry Lynn Garrett answered on Apr 27, 2018

While your girlfriend can contact a life insurance company directly, the insurance company is only obliged to speak to someone who is named as the beneficiary and presents a death certificate. Similarly, she can present a death certificate to a bank and ask whether there was an account "pay on... Read more »

1 Answer | Asked in Traffic Tickets and Collections for Texas on

Q: I called the debt collection agency my ticket was sold to they said I owed 421, an the county said I ow826 i'm confused.

My traffic ticket was sold to a debt collection agency. I called the debt collection agency and asked about the amount owed and I was told 421 dollar's, so I payed it in full. I called the dmv and was told I would have a surcharge and to call the county so it would not hit my record. I called the... Read more »

Grant St Julian III answered on Mar 1, 2018

You are going to have to have someone investigate your specific situation to discover the specific facts, but paying a collection agency means you have entered a plea of guilty on the matter and convictions will be reported to the DPS. Call an attorney first.

1 Answer | Asked in Contracts, Small Claims, Criminal Law and Collections for Texas on

Q: In a 10 day demand letter to get my vehicle back, do I have to list the option for defendant to pay full market value

Loaned my truck (reg/insured) to a friend in Oct 2017. She moved in Nov. Dec 26 2017 asked vehicle be returned within 4 days. Has ignored phone calls/ texts demanding my Truck back. This morning I called sheriffs dept. Deputy dispatched to me. I gave exact location of my truck (A bar). Only... Read more »

Kiele Linroth Pace answered on Jan 16, 2018

It sounds like law enforcement's position is that since, back in October, your friend had your EFFECTIVE CONSENT to possess the property (truck) then it doesn't become theft when you later withdraw your consent. By mentioning the demand letter, it seems like they are saying that this is a matter... Read more »

1 Answer | Asked in Consumer Law, Collections and Probate for Texas on

Q: I went through probate last year, and a creditor is asking for money from the deceased's estate

I am the sole administrator of the estate. The only asset(s) passed on was a condo and a few thousand dollars. The cash sum may or may not be enough to cover the debt after other more pertinent estate debts are paid such as HOA fees. I've requested the debt collection agency to send a debt... Read more »

Tammy Lyn Wincott answered on Oct 20, 2017

Your probate attorney should be the one to answer this question. Creditors claims must meet certain standards to be considered valid and just because someone says that person owes money doesn't make it true. Again, your attorney should be able to answer this question. Best wishes.

1 Answer | Asked in Collections and Probate for Texas on

Q: In Texas, are adult children or surviving spouses legally responsible for the medical bills of the deceased?

Tammy Lyn Wincott answered on Oct 6, 2017

This isn't an easy answer. If there were medicaid payments made, the State may have a claim to part of the estate; however, if both spouses were living in the home, medicaid cannot recover until after the 2nd spouse dies.

I suggest you contact a local probate attorney so that you can...
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2 Answers | Asked in Estate Planning and Collections for Texas on

Q: mom&sister were killed so to help us my sisters job signe over her last check to me, must it be used to pay her debt 1st

My mother and sister were both killed instantly by an intoxicated driver and left behind my 2sisters(17 & 18) and my niece(2) and I will be taking custody of Lynsy 17sister. My sister who passed away work has sent me her last paycheck but made it out to me, but I have been informed that her bank... Read more »

Terry Lynn Garrett answered on Jun 6, 2017

No. Texas requires that debts be paid first and that they be paid in a certain order. Contact a local probate attorney to make sure you manage your sister's estate properly.

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2 Answers | Asked in Criminal Law, Car Accidents and Collections for Texas on

Q: In jail for 2 weeks with no court date and havent seen his lawyer. How can the 6th amendment help my friend here?

My friend missed a court date for a misdemeanor because he was in jail in another town, after he finish time in that county they brought him to nolan for the charge of accident involving damage. Insurance paid the damages to the other driver and Lawyer has paper from the insurance as proof. He has... Read more »

Peter N. Munsing answered on Aug 16, 2016

Has to work though his lawyer or get another.Something is missing--perhaps your friend heard but didn't want to. There's a criminal charge likely pending--no one gets pretrial detention for no insurance or other issues.

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1 Answer | Asked in Collections and Car Accidents for Texas on

Q: Last year I was in a car accent in my girlfriend's car ,

I gave the insurance in the vehicle and thought I was ok, come to find out the insurance car was from the previous owner of that vehicle, now I owe $10k in damages with no way to pay, what could happen to me

I've moved since the accedent ,I've been laid off and have medical bills for my... Read more »

Peter N. Munsing answered on Jun 30, 2016

Who says you owe 10k?Did the girlfriend have newer insurance?Did the old owner's insurance still cover the car?Usually both owner and driver have responsibility.Don't see you being arrested, but issue is can they put a hold on your license.

You need to do a bit more work, and I'd suggest...
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1 Answer | Asked in Collections, Consumer Law and Contracts for Texas on

Q: Civil case (relief asked is $409) at Guadalupe County in TX - can you provide advice how to dismiss a complaint?

Plaintiff’s complaint: Braun... provided irrigation services... has refused to pay the invoice... many attempts to collect via phone and email...

No quote was provided and calls me to tell work was completed. Installed two zone valves and invoice was for $409! However sprinklers were... Read more »

Mr. Michael O. Stevens answered on Apr 5, 2016

The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look... Read more »

1 Answer | Asked in Collections for Texas on

Q: Can I fight a collection if I was never notified of bill being past due. All notifications were mailed to wrong address

Have been put out for collection by HOA over a automatic payment that did not process. HOA sent all correspondence to an old address even tho they had a document saying that all correspondence was to go to the new address. 204 dollars has turned into problem with damage to credit because of no... Read more »

Samuel John Ford answered on Mar 1, 2016

While an attorney will have to review the details of your situation, it sounds like you have a viable claim to challenge the collection actions and credit reporting of the alleged debt. Federal and state laws protect consumers from wrongful collection and credit reporting practices.

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1 Answer | Asked in Collections for Texas on

Q: Credit card company is hiring attorney to get debt from me, what is the worst thing can happen?

Samuel John Ford answered on Mar 1, 2016

Generally, if a creditor files suit against you and you do not respond, they can obtain a default judgment against you. Once the creditor has the judgment, they can use it to freeze your bank account, garnish your wages, or execute the judgment against property you own.

You will likely have...
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