Ask a Question

Get free answers to your Collections legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Collections Questions & Answers
1 Answer | Asked in Employment Law, Business Law, Collections and Constitutional Law for Texas on
Q: How do I collect on a case that was granted in my favor in court. And is still growing interest

The company never showed up for court after being served they moved the company on the same day

Teri A. Walter
Teri A. Walter
answered on Dec 3, 2020

There are several things that need to happen. The first is usually to prepare (or request the clerk to prepare) an abstract of judgment and record it in the real property records in any county where your judgment debtor owns (or may own) real property. Next, see if you can determine what assets... View More

1 Answer | Asked in Civil Rights and Collections for Texas on
Q: I need to send a certified registered letter for payment from owner due on an abandoned vehicle in Texas

I have all the info on the guy I just need help writing it or someone show me a sample one or a cope of one

Teri A. Walter
Teri A. Walter
answered on Nov 25, 2020

For payment of what? This kind of letter is necessarily very fact-specific. You'll want to be very business like, avoid opinions or characterization of the other party or their actions (or failure to act). State what they owe, what they debt is for, when you expect them to pay, give them a... View More

1 Answer | Asked in Contracts, Personal Injury, Car Accidents and Collections for Texas on
Q: I'm not happy at all with the low settlement offer from attorney.options?

I was in an accident where they had it closed down to one lane of traffic and the concrete arm off of a Mack truck swing out in front of us and busted through the windshield it could have killed us if we had been going fast enough which I feel like is a major mess up on their end the guys already... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2020

A Texas attorney could advise best, but your question remains open for a week. Your post raises many issues and could be too involved for a simple response such as "do this," or "do that." As a GENERAL matter, it is possible that what you describe could result in a lien on your... View More

1 Answer | Asked in Copyright, Criminal Law, Collections and Entertainment / Sports for Texas on
Q: I want to know how long can a company hold something of yours before it's considered theft?

I landed a drone in nrg parking lot when they were closed. The drone messed up and did an emergency landing. They took my drone and told me they wanted to check the footage then they would return my drone the next day. The next day which was september 16 they kept give me the run around. I found... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Sep 21, 2020

Unfortunately, it might not ever be released if it is evidence against you. You may have both civil and criminal liability for the use of the drone, and it is a more serious crime if the facility is classified as critical infrastructure. Your best bet is probably to convince Joe Walters that you... View More

1 Answer | Asked in Criminal Law, Collections, Lemon Law and Small Claims for Texas on
Q: can i report my car stolen?

Transmission went out, shop picked it up and towed it to their location. Tore it down and diagnosed it. The contract says it’s $599 for tow and tear down. He told us $1480 to repair it. We said okay. He then jacked the price up to $2480 saying “there was more problems”. Fast forward a year... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 10, 2020

This is a civil matter. Theft requires the state to prove intent at the time the property initially changed hands.

1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... View More

Grant St Julian III
Grant St Julian III
answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... View More

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has... View More

Elaine Brown
Elaine Brown
answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Collections for Texas on
Q: Hi, I am 17 years old. Debt collectors contacted me today saying I needed to pay off a debt. Is charging a minor legal?

I bumped into an ATT company vehicle 6 months back. My grandfather’s name was on the vehicle and he cancelled the insurance without telling me, so I thought I was driving an insured vehicle. I received a bill in my name for nearly $2,500 a month after the accident and contacted ATT but never got... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2020

They may not be able to collect now but can later. Did you or your parents have insurance? That may cover this.

1 Answer | Asked in Consumer Law and Collections for Texas on
Q: Question about the confidentiality clause of a debt settlement agreement.

If I write 'full and final payment' on the memo line of a money order intended as a one-time lump sum payment to settle a debt and the confidentiality clause states 'both parties agree to keep the terms of the settlement agreement confidential', would doing so constitute a breach of the clause?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

No it would not breach the clause.

2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

View More Answers

1 Answer | Asked in Civil Litigation, Copyright and Collections for Texas on
Q: Question regarding small claims court

Let me just put it out like this I’m using fake names, just a example. Alex got a loan out for Ryan under Alexs name. Well they break up Ryan stops paying the loan which is in Alexs name. Now Alex is mad because the loan was for Ryan and he should be paying it even though it’s in Alexs name.... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 26, 2019

Alex is responsible to the creditor to pay the loan; however, if there is another agreement between Alex and Ryan for a loan then perhaps he can recover in small claims court.

2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to... View More

View More Answers

1 Answer | Asked in Consumer Law, Banking and Collections for Texas on
Q: Can Sprint take money out of my bank account if I closed it and opened a new bank account with the same bank?

Sprint has this clause in their fine print: "You agree that when you provide credit or debit card information at any time during the lease term (including any month-to-month period), you authorize us to charge the card for any and all amounts owed as provided above under “Remedies”... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 1, 2019

Assuming Sprint is collecting a valid debt, the answer is yes. Why? because The debt is your debt, not a debt owed by your old closed bank account. Caveat: If any creditor including Sprint finds any money of yours in any account at the same bank--possibly even including joint accounts--they can... View More

1 Answer | Asked in Contracts and Collections for Texas on
Q: Does a Promissory Note for a loan stating monthly payment amounts have to state an actual beginning payment date?

The promissory note for a loan states the loan amount, interest rate and that installments of a $$ amount are "to be paid on the 30th day of each and every month thereafter until paid". There is no payment begin or end date on the note. The only date on the note is at the bottom... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Sep 18, 2019

Most likely after the date of execution.

1 Answer | Asked in Collections for Texas on
Q: How can I get a debt removed from my credit report ? I’ve tried working with collection agency

Debt was incurred four years ago , to apartment complex. I didn’t learn about it until I heard from collection agency 3 yrs ago. Tried recently to move to new apartment complex but found out I can’t with this on my credit report.

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 5, 2019

If it is a legitimate debt then it can stay on your report for 7 years. If it is not legitimate then you need to take the steps to object including filing through the credit report agencies.

Another alternative may be bankruptcy.

1 Answer | Asked in Collections for Texas on
Q: How can I see if I have a lawsuit against me? I keep receiving advertisements saying I have a lawsuit against me

I never received papers of someone suing me other than these advertisements so I don’t know or understand what’s going’s on

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 30, 2019

It is most likely scammers. A frequent recorded message states something like "you need to call us back or we can't help you about the lawsuit and then there is a different phone number from the original one and it sounds like a robot". If that is the case do not call them back or... View More

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Federal Crimes for Texas on
Q: Can my wife have a warrant for her arrest for not paying the rest of the bond that she cosigned on?

Even though I had gotten arrested after that and signed for my punishment for that same charge she bonded me out on?

Roy Lee Warren
Roy Lee Warren
answered on Jul 13, 2019

No arrest would issue because it would be a civil suit to collect on the bond. Also if you ahev already pled to the case the reason for the bond has dissipated.

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
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.

View More Answers

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... View More

Gary D. Peak
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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.