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Texas Collections Questions & Answers
1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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2 Answers | Asked in Real Estate Law and Collections for Texas on
Q: Common law married couple, wants to make it legally binding wife receives all proceeds from sale of home

Common law couple wants to sell their home they will be making about $450,000 on the home after mortgage is paid off, etc. They were going to split it down the middle however judgment has been set against the Husband. Is there anyway to make it legally binding that when the home is sold the wife... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

If the home was occupied by the couple and declared as their homestead, the home and the proceeds from the sale of the home are exempt from the claims of creditors anyway. Just be sure not to commingle the proceeds with any other joint management community property funds or with any of the... View More

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1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Texas on
Q: Can a storage manager remove any of my items before auctioning my unit off?

I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More

1 Answer | Asked in Collections for Texas on
Q: what is a complaint for concursus

MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed. The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Collections for Texas on
Q: As a plaintiff in federal court on a federal question, what is another word for, "Overpayment?"

I don't want to use the word "overpayment " because it sounds like I'm arguing a state issue, when I am not. I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because I'm using... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing.

The word...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Collections and Landlord - Tenant for Texas on
Q: What are my options for dealing with a bad roommate in Texas?

My roommate is taking advantage of me. For context: we are cotenants, we do not have a written roommate agreement in place, only verbal agreements as follows: Rent would be split equally between us with the exception of his pet rent of twenty dollars, groceries, and cleaning of the place would be... View More

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

If your landlord is willing, you might consider a "friendly" eviction suit in which your landlord evicts you and your roommate from the premises and then relets the premises to you alone assuming that you have the financial ability to pay the rent and utilities alone.

1 Answer | Asked in Collections, Elder Law and Social Security for Texas on
Q: My recently widowed mother is being sued for unpaid cc debt has court tomorrow AM.

My veteran step dad recently died so mom doesnt receive $ they used to and is struggling just to survive. What can she do to get rid of these past debts and receive additional aid in the future

James L. Arrasmith
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answered on Aug 2, 2024

I'm sorry to hear about your mother's situation. Given the immediate court appearance, she should attend and explain her financial difficulties to the judge. She can ask for a continuance to seek legal advice and possibly work out a payment plan that she can manage.

In the longer...
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1 Answer | Asked in Bankruptcy, Collections and Estate Planning for Texas on
Q: Can a legacy trust clear all my past debt and collections and what’s a step by step transfer ? It’s called legacy trust
James L. Arrasmith
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answered on Jul 18, 2024

A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More

1 Answer | Asked in Collections for Texas on
Q: is such a thing as 30 year statue of limitation on credit card debt.

Received a call about an old credit card debt. 19 year old debt. they said it had 30 year statue of limitation, I asked if it was past statue of limitation and they said no. credit card had a 30 year statue of limitation.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

No. There is not a 30-year statute of limitations on credit card debt in Texas. This sounds very much like a scam.

1 Answer | Asked in Banking and Collections for Texas on
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.

I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View More

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.

1 Answer | Asked in Collections for Texas on
Q: What should I do if the plaintiff has filed for a motion of continuance in a civil suit?

I am a defendant (based in Denton County, TX) in a debt lawsuit. The plaintiff (based a Lubbock, TX) filed a motion of continuance on 10/11, and we have a trial date set for 10/19. No ruling has been made on the motion. As of 10/17, we have not come to any type of settlement or agreement. Should I... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2023

It depends on the facts and circumstances of your particular case and on your docket position.

By "docket position" I mean where your case is on the list of cases that your particular court has set for trial on October 19, 2023. Ordinarily, a court will have several cases set...
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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 Contracts and Collections for Texas on
Q: My mother and I have been notified by email of a lawsuite (Small Claims) in Travis County, Texas. What do we do next?

1) The Plantiff is an elderly Caregiver agency. My father is terminally ill with Parkinsons and Cancer and was the receiver of the caregiver services.

2) My mother and I (Power of Attorney) signed a contract for the services. The Agency terminated the contract after my mother accused... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

File a written answer to the lawsuit. Appear in court on the date your case is set. Explain that you refused to pay for the two nights of neglect. If the investigation of the abuse complaints concludes before then and finds abuse or neglect, you might consider subpoenaing the investigator to... View More

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, Family Law and Collections for Texas on
Q: Foreign court judgement enforcement in Houston Texas

1

What factors besides proper summon of court will a texan court take into consideration when hearing a foreign court judgement enforcement to collect compensation for a divested property decreed to own by an ex spouse in Houston Texas )?

2

How a texan court will reconcile a... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2023

1. The main consideration is whether the foreign court had jurisdiction over the subject matter and the parties. A secondary consideration is whether the foreign judgment violates public policy.

2. If the property is land located in Texas, only a Texas court likely has jurisdiction to...
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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

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.
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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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