William David Weber's Answers

Can my deck builder file a mechanical lien against my title?

I doubt that the contractor can file a valid lien to collect the debt. A mechanic's lien can be asserted against a Texas homestead, but there are very strict legal procedures that must be followed. There are two kinds of liens that can be asserted: (1) a contractual lien and (2) a statutory lien. A contractual lien is an express lien granted by written contract before any of the work is commenced. The written contract that provides for a contractual lien will normally set forth the...

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Can I file a Mechanics Lien for unpaid pool services (materials and labor) in Texas on a homestead?

A mechanic's lien can be asserted against a Texas homestead, but there are very strict legal procedures that must be followed. There are two kinds of liens that can be asserted: (1) a contractual lien and (2) a statutory lien. A contractual lien is an express lien granted by written contract before any of the work is commenced. The written contract that provides for a contractual lien will normally set forth the terms of the contract and will state that a lien is being granted at the...

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Can I still go bankrupt if there is a judgement against me and they put a hold on my bank account?

The filing of a lawsuit or the entry of a judgment do not effect your ability to file for bankruptcy re-file. Likewise, the garnishment of your bank account will not effect your ability to file for bankruptcy. The allegations made in the lawsuit determine whether the debt will be dischargeable in the bankruptcy case. If the lawsuit alleges fraud, theft, embezzlement, breach of fiduciary duty or conversion, it probably can not be discharged in bankruptcy. See my website for a detailed...

Adversary victory now what?

You can attempt to collect the debt only by using judicial writs and process issued by the federal system. The U.S. Marshall service will be the federal office that will attempt to seize assets to attempt to collect the debt. To get a state court to attempt to enforce the judgment, you will need to file a proceeding in the state court to “domesticate” the judgment and turn it into a state court judgement. You local Sheriff or constable (depending on the state) will be the judicial officers...

I filed bankruptcy and it was final in March 2011 due toillness. Medical bills are still killing me can I be helped in any way.

Only debts owed at the time the bankruptcy case is filed can be discharged in a Ch. 7 bankruptcy case. No bills or debts incurred after the bankruptcy case is filed can be discharged until you qualify to re-file another Ch. 7 case (8 years after the first case was filed) This rule does not vary by state, and will be uniform throughout the county. William D. Weber WEBER LAW FIRM 6666 Harwin Drive, Suite 220 Houston, TX 77036-2251 -------------------- (713) 789-3300 • Telephone...