Randel David Lee Barrett's Answers

Under TX debt collection laws what are a debtor's rights when a credit card company has secured a judgment against me

Gabriel's response is indicative of why you need to talk to a Texas lawyer. There are other post-judgment remedies available, which include garnishing bank accounts. What many people don't realize is that once your earnings are deposited in a bank account, that money can be garnished as well. Aggressive collectors might use such tactics to capture whatever funds they can get. Usually, bankruptcy or settlement are the quickest options to clear out the judgment. If you don't have an...

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Effective Service of Citation-- Are there other ways to serve citation, besides hand- delivered?

If you are going to send hte citation via certified mail, it needs to be done by the clerk issuing the citation.

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Is it illegal in the state of Texas to strip down your home when its been foreclosed?

Mostly, yes. If it isnt bolted to a wall or to a floor, then you can take the personal property that is yours. Think clothes, furniture, and appliances like a television. If it involves removing anything like the kitchen sink, toilets, copper wiring, etc., it needs to stay with the house. Otherwise you might get a visit from men with shiny badges.

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I am being sued as a dba that is not even in my name (my name dba cpompany name) Can they do this?

There are a number of factors, not presented here, that might provide AT&T some theory to assign liability to you personally. Based on the facts you provided though, there are plenty of grounds for a defense. Depending on the amount in question, you ought to talk to a good local attorney.

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How can I keep operating llc if the other member wants out?

My standard initial answer when dealing with an LLC is: Look at your operating agreement. If the agreement was drafted by competent counsel, most of these items will be addressed in the operating agreement. If there is no operating agreement, then you will need to consult with a good business lawyer to walk you through the different options and scenarios for potential buy-out and other related approaches.

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I formed a llc. in Texas for a home remodeling business and would now like to transfer ownership to my daughter. How do I do it?

The stock answer in dealing with an LLC is to look at your operating agreement. Without knowing more about the situation it is hard to say how complex the transaction could become, particularly if there is pending litigation or a bankruptcy on the horizon.

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If there is no operating agreement in place, what section of the Code governs the forceful removal of a member?

Take a look at the TX Business Organizations Code, section 101.107 and 101.108. If you are wanting to resolve without asking the intervention of the Courts, it sure looks like the statute contemplates a buy-out of the other member.

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My friend bought me a car, title is in my name, no written contract. Do I have to pay her back? Can she get the car?

Even though title to the car may be in your name, she has a cause of action against you for contractual and quasi-contractual claims. If, and when, she sues you, the court may make you give the car back out of equity or fairness. If she hires a lawyer, you will probably wind up paying her lawyers fees as well. Pay for the car and move on.

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Can I sue the Mortgage company to produce the original note in state court while my chapter 13 bankruptcy is in the works?

While you do have the option of filing the suit in state court, there are actually some pretty compelling reasons to file the suit in your bankruptcy. First, the bankruptcy courts tend to get to litigation faster than states courts do. Next, the quiet title suits usually get removed to federal court by the banks, so you might as well avoid that added delay and file as part of the bankruptcy. Finally, and most importantly, one of the Dallas bankruptcy courts has already written a pretty good...

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Who owns the business and equipment?

Mr. Murillo is correct. Whether or not you have a joint venture or a partnership (often treated the same) is one question. Even if a court were to determine that neither existed, there are still legitimate claims for the funds provided at the very least.

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