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Texas Collections Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
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1 Answer | Asked in Real Estate Law, Foreclosure and Collections for Texas on
Q: I live in TX and have a timeshare in IL that is being nonjudicially foreclosed. What is going to happen to us?

Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 22, 2023

I am not licensed in Illinois or Texas, but in general:

1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.

2. The judgment creditor, if it intends to execute on the...
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2 Answers | Asked in Collections and Banking for Texas on
Q: A bank is holding my car title as collateral for a signature loan from 2015

I went to pay my auto loan off and get my title and they told me they won't give it to me because of a signature loan from 2015, it shows as a closed account on equifax and transunion

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.

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1 Answer | Asked in Consumer Law, Business Law and Collections for Texas on
Q: Should I pay for canceled order that was delivered?

I canceled 3 orders from a hardware store, yet they have still been delivered. These were canceled in store by the manager. I was advised by the employee, if the order does come, accept it and dont say anything. The total of the items is over 18k. What do I do? Will i be charged for these items... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

No, you don’t have to pay for them.

No, you can’t keep them.

Notify the store that they were delivered anyway despite your cancellation of the order and arrange a time for them to come pick them up.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... View More

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your...
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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: Can I file a writ of garnishment once a judgment has been made?

I won a civil suit against a neighbor who hit my parked truck in the middle of the night. The judge awarded me a certain amount and I wanted to know if I could do a writ of garnishment. If so what is the process??

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

Yes. File the application for writ of garnishment with the same court. Serve the garnishee (e.g. the bank, S&L, etc.). Then serve the judgment debtor (your neighbor).

The garnishee will typically contact you to tell you how much money was in the neighbor’s account and how much...
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1 Answer | Asked in Family Law and Collections for Texas on
Q: I have an auto loan, my ex is the cosigner on the vehicle, it's 90 days past due. Can I legally take the truck from him?

The loan is going into default and repossession is about to occur. This is greatly affecting my credit score! And I want to get the vehicle back and sell it before this occurs. However, the cosigner won't communicate with me and tell me where he is so that I can retrieve it from him. If I show... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

Whoever is listed on the vehicle title has the right to possession of the vehicle. If only your name is on the title, that’s you.

But if his name is on the title, that’s him.

1 Answer | Asked in Collections and Traffic Tickets for Texas on
Q: What happens to unpaid tickets that go to collections and 7 years and it has been 7 years?

In 2015 I got tickets that turned to warrants. In 2016 they were turned over to collections. In the past if I looked myself up I saw I had warrants. Now it does not come up. I tried to call and get information but noone is answering. Do I still have warrants or since 7 years passed and collections... View More

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

Warrants are not automatically "void" after the passage of time. Call a lawyer in the area where the warrants were issued to discover the status of the matters. Good luck.

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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1 Answer | Asked in Banking, Collections, Consumer Law and Contracts for Texas on
Q: I had a creditor (NFCU) take $1,700 from my savings account as a setoff from my previous credit card that was charged-

off in 2021, they do have a security interest disclosure in the their 2017 Credit Card agreement, however there was a ruling in Maryland in 2009/2010 that a creditor's disclosure for a security interest was not valid because it was on the second page of their credit card disclosure agreement.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2023

Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.

1 Answer | Asked in Divorce, Copyright, Tax Law and Collections for Texas on
Q: Can I file for a divorce and ask for the fees and court cost to be waived and then attain a lawyer through the courts

I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.

1 Answer | Asked in Collections for Texas on
Q: What happens if one is out of country and cannot go to hearing of collection agency?

I would lose and they would garnish wages, lock bank account, but I only have income from Social Security and pension...can I just ignore the summons then?

Joel Gary Selik
Joel Gary Selik
answered on Apr 12, 2023

Ignoring a summons is not a good idea. If it is a subpoena or an order to appear, not a summons, you could be arrested (not likely). It is best to try to get the date moved by contacting the opposing attorney or the court. You should consult with an attorney to see if you have defenses to the... View More

1 Answer | Asked in Collections for Texas on
Q: I need help in getting a judgement awarded to me?
Joel Gary Selik
Joel Gary Selik
answered on Feb 27, 2023

You need to contact Civil Litigation Attorneys to go through the facts and determine what can be done.

Use the Justia search bar at the top of this page.

1 Answer | Asked in Collections and Bankruptcy for Texas on
Q: Does a motion to lift stay (DSO Claimant) for a default judgment mean I still must figure out collection from ex?

Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up... View More

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.

3 Answers | Asked in Collections and Small Claims for Texas on
Q: What are my options if I received a civil lawsuit notification for a 7-year-old debt?

I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.

The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.

I... View More

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.

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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: I have 3 months left before my four years of statute of limitation is completed for unsecured debt.

I defaulted on unsecured debt from the lender/creditor named, Lending Club after I lost my job and underwent a very difficult financing situation. The last day of activity in the debt was 02/2019 when I made minimum payment. I thought their collection company gave up on me after repeatedly calling... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

They may file a lawsuit. It is hard to say, but one thing is certain. The best defense is a good offense. I have dealt with situations like this be fore for much larger sums of money and was able to position my client well. I need to learn more about the facts, but there may be an opportunity to... View More

1 Answer | Asked in Collections, Consumer Law and Landlord - Tenant for Texas on
Q: Landlord sold illegal and invalid debt to collection agency. Best way to clear credit? I currently live out of state.

I moved out of an apartment in El Paso on 30 June 2021. I had a move-out inspection with an employee of the apartment complex and wasn't notified of any issues.

On 8 February 2022, I was emailed an itemized list of damages for the El Paso property. I disagree with all of these damages... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

You may have a claim. I need to learn more.

1 Answer | Asked in Banking and Collections for Texas on
Q: For 3 months my ex paid my bills when i lost my job Dec. 2021. March 2022 we broke up and he reported fraud to his bank

I had good credit history up until this- bills paid, maybe once or twice late. He has ruined my credit and I need help knowing what i can do.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

Your post is confusing. Your boyfriend at the time paid your bills for 3 months when you were unemployed. You broke up in March 2022. He reported *what* as fraud? What does this have to do with your credit rating? You didn't connect the dots or dots are missing.

1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: I won a judgment in a civil suit recently. My question is what is the next step in order to recover the money?

It was a civil suit where the other person hit my parked truck in the middle of the night and their insurance company refused to cover the deductible as well as other financial debts that were created due to this incident.

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

You can request a writ of execution against the judgment debtor, or garnish their bank account, or apply for a turnover order to secure their right to indemnity under the insurance policy, etc.

1 Answer | Asked in Collections for Texas on
Q: Notification of a lawsuit from a loan several years ago?
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 26, 2022

You've provided no facts upon which anyone can form an answer. Please retry with the relevant facts.

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