Texas Collections Questions & Answers

Q: Can i be owed money if i was born in 1992 i heard

1 Answer | Asked in Products Liability, Civil Rights and Collections for Texas on
Answered on Jan 3, 2019
Timur Akpinar's answer
Try reposting your question. It looks like the second part of it was cut off.

Tim Akpinar

Q: Is there a limit as to how high an interest fee can be for a medical debt?

1 Answer | Asked in Collections for Texas on
Answered on Dec 14, 2018
Stuart Gregory Steingraber's answer
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.

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?

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Answered on Nov 7, 2018
Timothy Denison's answer
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 debt completely. Talk to a competent bankruptcy attorney asap and see what is your best option.

Q: Can incarceration be a reason to get a broken lease off of my credit

1 Answer | Asked in Criminal Law, Real Estate Law and Collections for Texas on
Answered on Jun 14, 2018
Grant St Julian III's answer
Ask this question to a consumer law or landlord/tenant attorney for details, but the answer is no.

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.

1 Answer | Asked in Contracts, Traffic Tickets, Collections and Small Claims for Texas on
Answered on Jun 7, 2018
Grant St Julian III's answer
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 Authority, and they will put the tolls on the purchaser of the car.

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

1 Answer | Asked in Collections and Probate for Texas on
Answered on Apr 27, 2018
Terry Lynn Garrett's answer
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 death" or "joint with right of survivorship" in her name. But there is no general registry.

It is not true that her ex-husband died without a family, even if only second or third or fourth...

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.

1 Answer | Asked in Traffic Tickets and Collections for Texas on
Answered on Mar 1, 2018
Grant St Julian III's answer
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.

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

1 Answer | Asked in Contracts, Small Claims, Criminal Law and Collections for Texas on
Answered on Jan 16, 2018
Kiele Linroth Pace's answer
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 of civil law rather than criminal law.

One indication that the officers don't want to be involved is that they didn't arrest her for Unauthorized Use of a Vehicle. Who could blame them if...

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

1 Answer | Asked in Consumer Law, Collections and Probate for Texas on
Answered on Oct 20, 2017
Tammy Lyn Wincott's answer
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.

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

1 Answer | Asked in Collections and Probate for Texas on
Answered on Oct 6, 2017
Tammy Lyn Wincott's answer
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 explain all the details and they can advise you correctly.

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

2 Answers | Asked in Estate Planning and Collections for Texas on
Answered on Jun 6, 2017
Terry Lynn Garrett's answer
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.

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

2 Answers | Asked in Criminal Law, Car Accidents and Collections for Texas on
Answered on Aug 16, 2016
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Collections and Car Accidents for Texas on
Answered on Jun 30, 2016
Peter N. Munsing's answer
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 get the advice of an attorney who handles license issues.

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

1 Answer | Asked in Collections, Consumer Law and Contracts for Texas on
Answered on Apr 5, 2016
Mr. Michael O. Stevens' answer
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 to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.

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

1 Answer | Asked in Collections for Texas on
Answered on Mar 1, 2016
Samuel John Ford's answer
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.

I recommend speaking to a consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.

**Please note that the...

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

1 Answer | Asked in Collections for Texas on
Answered on Mar 1, 2016
Samuel John Ford's answer
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 the best options for handling the situation before suit is filed against you and certainly before the creditor obtains a judgment against you. I recommend speaking to a consumer attorney regarding...

Q: I have credit card collections and I live in Texas. If I move to Georgia, would the creditors be able to garnish wages.

1 Answer | Asked in Collections and Consumer Law for Texas on
Answered on Mar 1, 2016
Samuel John Ford's answer
They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of the judgment with a Georgia court. The creditor generally must provide you notice of the application, and you will have the right to object. If you do not respond, the judgment will likely become...

Q: Loan shark came by heckled us got fed up drew my gun on my property did not point and asked them to leave is that fine

1 Answer | Asked in Collections for Texas on
Answered on Oct 13, 2015
Terrence H Thorgaard's answer
It is not clear what you mean by "heckled". Did this person threaten to hurt you? Unless you were reasonably acting to protect yourself from what could reasonably be interpreted as a threat to you of imminent bodily harm, for you to pull a gun could be regarded as an assault with a deadly weapon (whether or not you pointed it at them).

Q: If my car is registered in my name through the DMV can anyone put a lien on it?

1 Answer | Asked in Collections for Texas on
Answered on Sep 8, 2015
Robert Jason De Groot's answer
Why do you ask this specific question? Generally, no.

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