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Texas Collections Questions & Answers
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 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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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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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, 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 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 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 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 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.

2 Answers | Asked in Collections for Texas on
Q: I sold my truck to a buddy of mine and he’s paying it off but is 6 months behind on payments what do I do?

There was no contract just a hand shake.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2022

You can take him to small claims court, or not. You don't mention if you signed over the title to him. I recommend you consult a lawyer with all of the facts because if not, you increase the odds of not obtaining a good result.

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2 Answers | Asked in Criminal Law and Collections for Texas on
Q: What can I do about some one owing me loaned money with proof of loan

I have text messages and a signed contract with witnesses

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

If it's been a while and you haven't paid, hire an attorney to file a lawsuit, although depending on the amount and your preferences, you might want to do it yourself in small claims court.

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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... View More

1 Answer | Asked in Collections for Texas on
Q: I have a debt collection from a property place that I never resided in and application was canceled. Can I sue them?

I initially applied for an apartment and they then they changed the rental price, telling me that it was an error on their end. so I contacted them and canceled my application, months later they reached out saying I owed a "move out fee" but I never once lived there ,I contacted them... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

Yes. You can and should sue them for a declaratory judgment under Chapter 37 of the Texas Civil Practice and Remedies Code. While you will obviously have to pay an attorney upfront an hourly fee, you could recover such fees in a final judgment if you prevail at trial. The potential to recover... View More

1 Answer | Asked in Collections for Texas on
Q: What's the next step if a collection agency didn't provide proof the debt was mine?

I received a letter from debt collection agency. I sent the a written response certified mail asking them to provide more info that the debt was mine, specifically a written agreement that I signed or proof that I've ever paid on this credit card debt. They replied with the same information... View More

Arturo C. Aguilar
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answered on Aug 20, 2022

You can actually sue a debt collection company and get your attorney's fees awarded. That is probably the next step if you want to deal with the matter. You can invoke the unfair debt collection act. You also have a valid claim for the Texas Deceptive Trade Practices Act, which ties in to the... View More

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... View More

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
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1 Answer | Asked in Consumer Law, Personal Injury, Collections and Small Claims for Texas on
Q: There is a guy who has been booking massages around San Antonio and Austin, then running out without paying.

What can we charge him with? And what evidence would be needed?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 12, 2022

You can charge him with theft of services. If you know who he is charge him prior to getting his massage,

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