Michael R. Sices’s Answers

Michael R. Sices

Plano Litigation Lawyer.

Contributor Level 10
  1. Can my family's land be seized due to a default judgement for $18,000 i received from a car insurance lawsuit?

    Answered 2 months ago.

    1. Michael R. Sices
    2. Robert Werner von Dohlen
    3. David Bernard Packard
    4. Bruce Ward Bain
    5. Michael Glynn Busby Jr.
    5 lawyer answers

    You most assuredly need to speak to an attorney in your area about your options both with regard to the land and the default judgment. Your parents should explain this situation to their estate planning attorney. The short answer is that this land cannot be seized as a result of your default judgment, until you become entitled to it. If you live there when you become entitled to it, it's also possible that it is protected from debt collectors as your homestead.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I only have social security to live on plus food stamps, can a credit card company attach my bank account.

    Answered 11 months ago.

    1. Michael R. Sices
    2. Orsen E. Paxton III
    3. Paula Jo Pierce
    4. Brent Allen Devere
    4 lawyer answers

    Before this goes farther, you can solve this problem without spending much time or money. Send the creditor or collector or their lawyer a letter by certified mail stating that your bank account is "exempt" under Texas law because it is 100% funded by social security payments and you have no other source of money. That should provide some protection so that if they do garnish your account, it will have likely been a violation of the Texas debt collection act.

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  3. Business owner with advertising vendor claiming due invoices due too signed contract. debt collection agency claiming balance.

    Answered 6 months ago.

    1. Michael R. Sices
    2. Lu Ann Trevino
    2 lawyer answers

    You might consider calling a local attorney to discuss the particulars before you agree to a settlement. If the sales person lied to you by telling you it was month to month in order to induce you to sign the agreement, then you may have a defense called fraud in the inducement.

    5 lawyers agreed with this answer

  4. Credit Card Lawsuit in Texas

    Answered over 1 year ago.

    1. Michael R. Sices
    2. Lu Ann Trevino
    3. Carl H Starrett II
    4. Mark Allen Land
    5. Michael Wayne Weston
    6. ···
    6 lawyer answers

    Those violations are a counterclaim - not a defense against the underlying debt. If there are violations, you should find a lawyer. The FDCPA provide a fee shifting provision which could allow you to collect from the debt collector for your attorney's fees. Some attorneys take these types of cases on a contingent fee basis. The collector may be entitled to an offset for the underlying debt.

    5 lawyers agreed with this answer

  5. Can I be sued even though a medical bill is more than six years old .the collection agency said it wa s pending .

    Answered 9 months ago.

    1. Brent Allen Devere
    2. Michael R. Sices
    3. Lu Ann Trevino
    4. Henry Wyche Hunter
    4 lawyer answers

    This debt is past the Texas statute of limitations for filing suit. Filing or threatening suit on a time barred debt violates Section 1692e(5) as an improper threat by implying that the collector “can legally prevail” in the lawsuit, and Section 1692e(10) as a deceptive means of collecting an expired debt. See e.g., Kimber, 668 F. Supp. at 1480; Basile v. Blatt, Hasenmiller, Liebsker & Moore LLC, 632 F. Supp. 2d 842, 845 (N.D. Ill. 2009) (collecting cases). Although there is no roadblock...

    4 lawyers agreed with this answer

  6. Experian is not removing False collection from my credit history and not providing proof of it either. What to do?

    Answered 3 months ago.

    1. Michael R. Sices
    2. Lu Ann Trevino
    3. Matthew Scott Berkus
    3 lawyer answers

    This is a fact pattern that you should discuss with an attorney in your area who is well versed in the Fair Credit Reporting Act. The bottom line is that companies and agencies that deal in this kind of information have some responsibility under federal law to conduct a reasonable investigation, when information is shown to be objectively inaccurate.

    3 lawyers agreed with this answer

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  7. In Texas, some assets are protected if you are sued and you lose. Things like homestead, 1 car and up to 30k in personal items.

    Answered 9 months ago.

    1. Michael R. Sices
    2. Michael Christopher Burr
    3. Michael Glynn Busby Jr.
    4. Michael Wayne Weston
    4 lawyer answers

    The Texas exemptions apply to judgments from all state courts; out of state judgments are another question. If you file bankruptcy you may gain the power to elect alternate federal exemptions which might be more suited to protecting your assets . The only sensible way to make a decision regarding your assets and exemptions is to meet with an experienced consumer bankruptcy attorney.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My sister in law impersonated me during my husband's open enrollment and has my ss# and wrote our divorce decree.

    Answered 9 months ago.

    1. Michael R. Sices
    2. Mack J. Travers
    3. Daniel Lee O'Neil
    3 lawyer answers

    You should send dispute letters along with a fraud affidavit to the three credit reporting agencies disputing the inaccurate information on your credit report. Find a NACA attorney such as myself who is versed in the Fair Credit Reporting Act for help. Even though this is 'friendly' fraud, from a former family member, you still have the right under the FCRA to force accurate credit reporting in your file.

    3 lawyers agreed with this answer

  9. Can a debt collector discuss your matters with a minor child?

    Answered 9 months ago.

    1. Brian Heath Crockett
    2. Michael R. Sices
    3. Blake Owen Brewer
    4. Matthew Scott Berkus
    4 lawyer answers

    The debt collection law in Texas, the Texas Debt Collection Act, applies to the original creditor. Coming to your house and telling your minor child that mommy or daddy owes them money , is offensive. You should call a consumer rights lawyer to discuss the details.

    3 lawyers agreed with this answer

  10. Can i sue a car dealership who financed a car with my identity, which was stolen?

    Answered 10 months ago.

    1. Michael R. Sices
    2. Brian Heath Crockett
    3. Daniel Lee O'Neil
    3 lawyer answers

    Sounds like Nissan was a victim of fraud - just as you were. Pull your credit report from annaulcreditreport.com or go the the ftc website to get a form to request a free copy by mail. If the Nissan loan is on your credit report, find a lawyer who is well versed in the FCRA (see my contact info below). The FCRA requires that you send your dispute letters directly to the credit reporting agencies, not to the original creditor. Only then, is anyone required to to look into the matter...

    3 lawyers agreed with this answer

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