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Tom Max Thomas II
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Tom Thomas’s Answers

9 total

  • How can i get my settlement from my attorney when he is avoiding my calls?

    So when we originally settled, not all the bills were in the statement and therefore, i wouldnt get much out of the settlement. My attorney advised me to wait four yrs because that is the statue of limitations that the the agencies can come back a...

    Tom’s Answer

    Sending the attorney a certified letter addressing your concerns wouldn't be a bad idea either.

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  • Can debt collectors offer a settlement that is higher than the one they sent me in writing?

    I called a debt collector to try and just settle the debt out of court to avoid hassles. They sent me an offer of 1400 that was good until November, but I asked the person on the phone what kind of settlement they could do because of my lack of i...

    Tom’s Answer

    If you have a written offer of settlement from them and you accept and perform under that settlement agreement (i.e. you pay them timely) I would think that you are good to go.

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  • I got a divorce within the last 6 months and my ex owes me money that he signed that he owes how do i get it if he hasnt paid?

    we signed divorce papers that he was going to give me a set amount of money on a set day and he wont give it to me he tells me he cant afford it but he is going on trips and vacations and buying new cars how can i make him give me the money he owes?

    Tom’s Answer

    This is a case that is tailor made for your divorce attorney, who is already familiar with the facts of your case. If I were you I would contact him or her immediately to seek advice. If you did not have an attorney, I would contact a family law attorney immediately for advice.

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  • Can these people be sued for this?

    On a more serious note......the last couple times we were at the improv i noticed my ticket total was wrong.....the first couple times i assumed it was a mistake....tonight i spoke with the manager and explained to him my concern.....he apologized...

    Tom’s Answer

    What you are dealing with is very common in the hospitality industry, especially when establishments that serve alcohol are involved. The Texas Deceptive Trade Practices Act might provide you with a means to make this a more serious issue, though I think that you should definitely meet with a lawyer to thoroughly discuss such a case.

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  • How can I sue my ex girlfriend/fiance for $200,000.00 for money owed?

    Hello, I bought a house with my girlfriend/fiance and because my credit wasn't so good at the time and to keep the payments low the house title was put in her name. I have proof that I made all of the payments including a signed notarized l...

    Tom’s Answer

    I believe that this is a question best answered in person by a lawyer who focuses on real estate law. Said lawyer needs the opportunity to review all documents and correspondence related to your situation and to visit with you in depth about any agreements (in writing and otherwise) that you may have. Good luck to you.

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  • How can i recieve all my money at once from a settlement instead of it being dished out to me monthly?

    we recieved a great amount of money from a lawsuit that involved my sisters death and i am trying to find out how my mom can recieve all her money or more of it a month because she does not work and she is disabled

    Tom’s Answer

    I would be very, very careful about how I addressed this situation if I was you and/or your mom. I think it would be a good idea to seek both a financial planner and a lawyer's advice prior to making any decisions in this situation.

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  • How does statute of limitations on credit card debt work if moving from 6 year state to 3 year state?

    I've only been living in D.C. for a month and was served a credit card lawsuit. Since I moved from Arizona, where the SOL is 6 years, I would be out of luck, but D.C. is 3 years which means I met the SOL affirmative defenses. Would the judge gra...

    Tom’s Answer

    It all depends on which jurisdiction's law applies. There may be a mandatory choice of law clause in your contract. If so, it will be up to either you or the creditor to invoke the rights rendered by the clause (don't count on the creditor doing so if to do so would be unfavorable to them).

    It would be a good idea to contact a local attorney to analyze this issue.

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  • A company has contacted me saying I owe money on a deficiency balance I already settled on. Do I still owe?

    I cosigned on a car and it eventually got repossessed. It was sold at auction and the original creditor sent a letter to settle the deficiency balance in full for a lesser amount than was owed. I sent certified funds and I have a letter that confi...

    Tom’s Answer

    In Texas, settlement agreements are binding contracts. If you accepted the creditor's offer in compromise and then performed under that settlement agreement (i.e. you paid as promised and did so on time), then you would have an excellent defense to the alleged creditor's claim against you, and maybe even a claim against the debt collector and creditor for violations of the federal and state fair debt collection practices acts. Also, be sure to locate and preserve your settlement agreement. It will be a very important document for you down the road.

    It would be a good idea to contact an attorney to discuss your rights.

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  • I OWE a past loan,the collection agency says i have to pay $176.00 every two weeks.do they have the right to refuse lesser payme

    i have been making payments,but when i ask for smaller payments,they say they will take me to court and freeze my bank acount do they have the right to refuse a lesser payment

    Tom’s Answer

    Collection agencies in Texas are typically non-law firms that are employed by creditors to collect debts by non-lawsuit means. They don't have to accept any offer that you make them and vice versa. If the creditor chooses to file suit, it will likely employ a collection law firm to do so. You will probably know when this happens because in Texas, such a law firm will generally send a demand letter 30 days or so prior to filing suit in an effort to perfect the creditor's claim for attorney's fees. Some of these law firms also employ non-attorney collectors and attempt to collect the debt via traditional collection techniques prior to filing suit.

    "Freezing" a bank account is another matter altogether. In Texas, it is possible to garnish a bank account in pursuit of a money judgment, but usually only after the underlying lawsuit is concluded and the judgment goes final.

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