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Virginia Nelson Hammerle

Virginia Hammerle’s Answers

15 total


  • Over drafted bank account collection?

    I left a bank account over drafted for 118.00, 3.5 years ago. A collection agency is threatening legal action if I don't pay 818.00. They sent me a letter with an attorney letter head. The collector said I would be charged with bank fraud and that...

    Virginia’s Answer

    Sounds as if you have been the target of unfair debt collection practices. The usual response is to send a letter, certified mail return receipt requested, disputing the claim and requesting verification of it, alleging the collection agency that it has violated the Fair Debt Collection Act, and demanding that they cease and desist all further collection efforts. You can also file a claim with the Texas Attorney General's office.
    Caveat: I have not seen the collection letter language nor do I have any information regarding the validity of the underlying debt and amount demanded.

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  • A company I started in Texas is being sued for a very small amount. I sold most of my interest in the company and was removed

    in 2010. The company was based in Texas and is a S-corp. They are being sued for $1500. I sold the majority of my interest and was removed from the company in 2010. The lawyers sent me the notice since the company did not update their records with...

    Virginia’s Answer

    Generally, a shareholder is not personally liable for a company debt. There are, however, exceptions to this.
    At a minimum, you should send a copy of the lawsuit to the CEO and chairman of the board. It should be their responsibility to respond to the lawsuit.
    However, the analysis doesn't end there. When you say the company was "wound down," that could have several meanings. Was it dissolved? Were there any assets distributed? Did it simply cease doing business?
    There is not enough information, nor is this an appropriate forum, to give you advice on your business decision of paying, ignoring, or hiring counsel. I would suggest that you consult a business litigator to give you a good analysis of your liability in this lawsuit, and any lingering matters that may arise from your involvement with the company.

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  • If i froze an account with the manger of the bank past present and atm payments how could money come out

    the BoA let thousands of dollars out and upon my complaints returned a fraction of the transaction, and then reversed it leaving me thousands in debt all the while refusing me access to view my accounts with them what can I do

    Virginia’s Answer

    If you are the sole owner of the account, and the person listed as the account holder, then you could issue written instructions to freeze an account. The Bank's responsibility at that point can be found in the terms of your account agreement. The account agreement will also contain the time period you have to determine that funds were improperly transferred from the account, and to complain about that transaction. You may have a cause of action against the bank; it is difficult to tell from the facts in your question.

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  • Can my husband keep me from moving my clients into our home?

    I have a Care home with 2 clients and instead of continuing to lease the home I'm in, for financial reason, i want them to move in my home, Can he stop me from doing so.

    Virginia’s Answer

    Assuming that you both own the home, then you both have an equal and undivided right to possession and use of the home. That said, it is difficult to envision a satisfactory outcome from moving 2 people into your home over the objections of your husband. There are additional factors that come into play - whether your home qualifies as a Care home, and whether your husband's presence is a violation of any regulatory requirements.

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  • How can a company say I am responsible for a debt when someone uses my name as reference? I didn't sign any papers. I didn't kno

    my name had been used. I was told constable will server me with p;apers

    Virginia’s Answer

    This sounds like a classic scam. You have recourse under state and federal laws. You might want to consider filing a complaint with the Texas Attorney General's office. While it may cost some money, you might consider hiring an attorney to write a cease and desist letter to the company. If you are sued, then absolutely retain an attorney to file an answer. We usually suggest filing a counterclaim agains the company. An aggressive stance usually works with these types of cases.

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  • What is a tort claim? Is DTPA a tort claim? Is trademark infringement a tort claim?

    and finally is a breach of contract a tort claim or is it merely a contract dispute?

    Virginia’s Answer

    Most lawyers, when analyzing a case, would not classify a cause of action defined by a statute as a "tort" claim. Both DTPA and trademark infringement are statutory claims, and caselaw regarding those types of claims is going to refer to the statute.
    A breach of contract undergoes a different analysis. There is a cause of action known as a "contort", where a tort is involved in the breach of contract. For the most part, courts have decided that contorts are really just contract actions, and a case that is based upon a contract will be decided upon contract, not tort, law.
    None of that means that a fact situation could not be molded into a tort, a statutory claim, and a contract. There are a lot of factors that go into deciding how to plead - jurisdiction, venue, type of court, evidence, and the most important - damages and injunctive relief.

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  • What are rights of an individual whose recorded conversations are released to others? Both parties live in 1 party state.

    I understand the laws around recorded conversation; however, I am unclear about the rights of the individual being recorded. Don't they have rights to privacy?

    Virginia’s Answer

    It depends upon the identity of the parties and the circumstances surrounding the conversation. In Texas, anyone who is a party to a conversation can record it. If one of the parties was your attorney, your healthcare provider, or your clergyperson, then the conversation was privileged. The privilege is yours, not the professional's, to waive. Regarding the circumstances, if you are going through a divorce then there may be a injunction or restraining order that comes into play.

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  • Legally does a lease supersede city or state law?

    leased home has been posted by city codes as substandard and by law you can not enter the building or live there until the issues by City CODES are addressed. Question is about property abandonment, does landlord have a freaking leg to stand on i...

    Virginia’s Answer

    A lease cannot contradict applicable city or state law. If the city has posted notice that you cannot enter the premises, then the landlord has failed to provide a habitable premises. That is a breach of the lease by the landlord. There are several legal theories that would apply. While it would be more clear-cut if you had a paper trail that you brought the deficiencies to the attention of the landlord and provided time to cure, if the premises are now uninhabitable AND you did not create the situtation that caused them to be uninhabitable, then you would have an excellent defense on a suit for breach of lease.

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  • How can I ask to read a statement to a judge?

    I would like to read a statement to the judge at my fiance's upcoming sentencing hearing. His father also wants to read a statement and asked his lawyer to make the request. I have just been told that his secretary called the courthouse and was to...

    Virginia’s Answer

    Do not contact the judge directly. All contact with the court should go through the fiancee's attorney. However, you might ask the attorney if he would be willing to file a pleading attaching written statements.

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  • Someone owes me $10,000. How do I sue for the money in Plano Tx. I have a promissory note she signed with Lexus SUV as collatera

    She used her car as a collateral now I cant find her because she moved but she is still resides in Dallas TX. Please advise on what I should. Its been over a year and I haven't received a dime.

    Virginia’s Answer

    For amounts of $10,000 or less, you can sue in small claims court. However, you probably want to combine your lawsuit with a foreclosure on the automobile, and that will be very difficult without seeking the help of an attorney.
    If your lien was properly perfected, you can also resort to self-help by peaceably repossessing the automobile. It would be best to consult an attorney before you do that. If you do not have a good lien, then you could be opening yourself up to theft charges or worse.

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