Tenant threatened to sue but has not to date.
The statute of limitations for breach of contract or property code statutory cause of action for return of security deposit is 4 years.
Sharon CampbellSee question
Now the case is in County court at Law. We moved for default judgement. Court has setup "prove up" hearing. What is meant by this? Will defendant need to attend the hearing?
You need to "prove" what your damages are. In order to do this, you will need to know what admissible evidence is and how to move to admit evidence. In County Court, you are required to follow the Rules of Civil Procedure and Rules of Evidence. You really need an attorney for this.See question
Someone stole my identity to get a house which was forclosed on. I had the issue resolved already and had the lien taken off my credit but a lot of damage has been done. I am in a big financial trouble now because of this. I had collections on m...
This question will be covered by the Fair Credit Reporting Act and whether or not you can sue for damages already accrued after you got the main problem fixed will depend on what, if any, dispute letters you sent and when you sent them. A complete answer would require an examination of your credit report and any written disputes.See question
They signed a contract saying they would pay it off in 20 days or less
Yes, you have a cause of action, especially if it is causing late payments to be reported on your credit report. Feel free to give me a call or email me with more details.
If a collection agency files a lawsuit, will it be automatically reported on my credit report as a public record for 10 years? The statute of limitations for my debt has passed.
The lawsuit itself will not be reported on your credit report. The debt may be reported on your credit report for 7 years from date of last activity. The statute of limitations for suing is 4 years. If they obtain a judgment, the judgment will be reported for 10 years. You should make every effort to avoid that. An attorney experienced in defending collection suits can help you and if there is a potential counterclaim for filing outside the statute, so much the better. Whatever you do, don't do nothing. These lawsuits are very defensible.
Our plan is to buy my childhood home from my mom for 85K. She still owes 30k on the house. The excess 50k we wanted to use to pay the closing costs and home equity loan on the house. the 30 or so thousand that is left my mom wanted to give to us t...
To answer the question you actually asked, no, credit card companies cannot "get" the money from the sale of the house. Even if the credit card debt had been reduced to a judgment, such a judgment is not a lien on a homestead in Texas. Credit card debt is personal debt and could result in a judgment against your mother, but they cannot collect it from her homestead/house.
My husband who is active duty army bought a truck last year & we were not informed that the VIN numbers on the truck didnt match one another or that it has been completely totaled & rebuilt. The frame is twisted, the bumper was crooked & barely ha...
Yes, this is illegal in the State of Texas. You have grounds for suit under the Texas Deceptive Trade Practices Act. To find a lawyer who practices in El Paso, I suggest checking the legal directory at www.naca.net (National Association of Consumer Advocates)See question
My dad got a call from a ms chambers from ncr associates stating I defaulted on a webpayloan and told him it was for 900 but now its for 2900 I was never contacted first and she stated I dont pay she would file fraud charges and summon both of us...
While I agree with the previous posters that there are likely both state and federal violations, this fact pattern sounds like many stories I have heard from clients and read about. There is a good chance that the calls are coming from out of the country or from a source which cannot be traced and therefore not subject to being sued. This is very common in the payday loan situation. If she did not tell you the name of the agency or company she was calling from or you can't google the phone number and come up with a company name, I would just make a report with the FTC and maybe the state Attorney General's office.See question
I am being sued by a debt collector posing as a law firm. They are suing me for breach of contract. I have received numerous letters from them trying to settle this account. for an amount they claim the original creditor has deemed acceptable. The...
Litigation is a serious matter; you are subject to all the rules of procedure and rules of evidence whether you are pro se (representing yourself) or have a lawyer. Representing yourself, you are at a distinct disadvantage. Hiring a lawyer who has experience in these type cases will greatly increase your chances at trial. There are defenses which may be raised and burdens of proof the debt collector plaintiff has. I am another Dallas lawyer who has experience in this area. Please call either me or Gary Armstrong.See question
I didnt sign the lease and stayed with a friend (all my furniture and stuff furnished in his place). I used the same address as my primary residence address. My job makes me travel for months away to other states for work and then I get to be home...
If the apartment is your residence address, then it is appropriate to list that with your employer.
If you are asking whether you can be sued for eviction or lease related violations, not likely, since you are not a tenant per the lease with the landlord. If you cause some damage to the apartment or commit some other legal act, you are subject to suit. Not being an official tenant on the lease does pose some risk for you.