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Daniel Joseph Ciment's Answers
Contributor Level 11
- 124 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Does a summary judgement on your house in TX cease to exist after 10 years if not renewed
Daniel's answer above is 100% correct. Abstracts and liens from judgments are good for 10 years and must be renewed. If its not renewed then any liens go away. But to go a little further, a judgment lien does not attach to your homestead. If the house you are trying to sell (or refinance for that matter) is your homestead the creditor is required to give you a partial release of lien as to your homestead so that you can sell it. There are ways to force a judgment creditor to do it. At...
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2
Attorney answers:
Can a payday loan collection agency contact my new employer and immediate supervisor?
No, they cannot contact your new employer or your immediate supervisor. I have a case against Ace right now for the same thing. Ace commonly uses these threats and others to get you to pay the debt. Most of which is illegal. Give me a call or send me an email and we can discuss your case further if you would like. Of course the consultation is free and I generally take these cases on contingency, which means you will never pay me anything out of pocket. hope this helps Daniel Ciment
6 people marked this answer as helpful
2
Attorney answers:
What kind of documents should I receive from a collector to validate a debt? How to answer their letters?
Under the Fair Debt Collection Practices Act (FDCPA) a debt collector must cease all collection efforts until they have validated the debt. Unfortunately, what they have done will probably satisfy their requirement of validation. If you are looking for something specific for validation you can ask for it, but you may not get it. Things you should ask for are: 1) proof that this company owns the debt (if the debt has been sold) 2) how they came up with the balance that is owed and 3) what...
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2
Attorney answers:
OK, so let's say I turn my debts over to a debt settlement company, then the creditors file their lawsuits...
I do not recommend that you use a debt settlement company. Most of them charge huge upfront fees and then don't do much for you. Plus if/when you get sued they drop you like a rock. If you get sued you really need to get an attorney that deals with these types of cases. Our firm specializes in defending people that have been sued on unpaid credit card debts. We win over 85% of the cases we handle. Most of the times the creditors are not going to have the documentation they need to prove...
4 people marked this answer as helpful
2
Attorney answers:
Can a credit card company put a lein against your property if you defaulted due to unexpected medical bills, and other expenses?
Actually, in Texas you can't garnish wages, EVER. Additionally, the creditors can't lien your homestead. so if they house you are trying to sell if your homestead then Texas law does not permit creditors from putting a lien on that property. Now if you get sued for an unpaid debt and the creditor is able to obtain a judgment, then they can record an abstract of judgment in your county. That will put a lien on all of your non-exempt property (your homestead is exempt). If you own more...
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1
Attorney answers:
A creditor got a judgment against me. Can they freeze or in any way touch my bank account?
The judgment creditor can garnish your bank account. In order to do this they have to file a lawsuit against your bank. Once the bank has been served with the lawsuit the bank will freeze your accounts. Any and all money in the account will be turned over to the judgment creditor after the bank takes out its legal fees, usually around $400-$500. Yes they can take every penny in the account (up to the amount of the judgment). They can do this as many times as they want to until the debt...
3 people marked this answer as helpful
5
Attorney answers:
Please help - Served with Lawsuit by M.J. Scott
You need an attorney!! My firm has successfully defended over 1250 debt lawsuits in Texas, several hundred filed by Michael Scott's office. You have defenses to the lawsuit they filed against you and you really need an attorney that knows how to handle these types of cases. Secondly, it sounds like you have a good case against Michael Scott's office for violations of the FDCPA. If you disputed the debt with them and they never responded in writing to you then they have violated the FDCPA....
1 lawyer agreed with this answer
3
Attorney answers:
I was a co-signer on a truck now collecters are calling me after 7 yrs. that i need to pay balance!
The previous attorney Brian hit the nail on the head. You have two issues, the harassing debt collectors and whether or not you owe the debt still. You will have to send written notice if you want the debt collectors to stop calling your house, verbal notice is okay for your place of employment, but at your house you are required to send written notice. Send it certified mail, return receipt requested that way you can prove when they received it. I would not pay these guy (or anyone...
1 lawyer agreed with this answer
2
Attorney answers:
If a judgment was filed against me in 2001 and now in 2011, they are trying to levy my bank accounts, is there a statue of
The statute of limitations is only for how long they have to file the lawsuit, not how long they have to collect. If they have a judgment against you already, then you are way past the lawsuit part. The judgment is valid for 10 years but they can renew the judgment every 10 years if they want. I doubt that it would have gone from $7,000 to $58,000 in 10 years. Typical post judgment interest is 5-6%. You have options..... 1) try to settle the debt, but first I would ask for a copy of...
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1
Attorney answers:
Mom has mounting medical sbills. Can bill collectors take from our personal checking accounts linked to Mom's?
A bill collector on medical bill (or even credit cards) can't take any money from a bank account unless they have a judgment against her. If they have a judgment (which is very rare) then they can garnish her bank account or any bank account that has her name on it. There are some defenses to the garnishment and some funds, like social security, are exempt from garnishment but that may not stop them from trying to garnish the account. After death they can only go after whatever assets...
2 people marked this answer as helpful