Skip to main content
Lu Ann Trevino
Avvo
Pro

Lu Ann Trevino’s Answers

4,212 total


  • Judgment Lien

    My home is in Texas (This is my primary and only home). There is a civil judgment against me from the court (For non-payment of a credit card balance). Does this mean that I am not allowed to sell my home without paying the judgment first? What do...

    Lu Ann’s Answer

    Because a homestead can't be taken to satisfy a judgment unrelated to the mortgage or taxes, the judgment creditor must give a partial release with respect to the home if you request it in writing. This is necessary if you plan to buy, sell, refinance, or take a home equity loan. If the creditor will not release on request, there is a statutory process to go around the judgment lien. This does not mean you don't owe the money, just that the house can't be held hostage to the judgment.

    See question 
  • I made the horrible decision of creating a fraud merchandise credit from my former employee. I don't know when I have court

    Everything I bought still has tags, I've been feeling too guilty to wear the clothes. I made pay arrangements but I don't know who I have to pay and where I go to pay. I need help

    Lu Ann’s Answer

    Stop talking and posting about this situation and get a criminal defense attorney immediately.

    See question 
  • I GOT SERVED FOR AN OLD CREDIT CARD DEBT. HAVE TO ANSWER TO THE COURT WITHIN 18 DAYS. HOW CAN I DISPUTE IT?

    The collections company wants me to pay them. I don't who the are?

    Lu Ann’s Answer

    You may have strong procedural defenses to this claim and should get an attorney experienced in credit card debt issues. You also may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees.
    Use the "Find a Lawyer" feature to connect with a consumer debt attorney in your area. Many will offer free initial consultation.

    See question 
  • What can I do?

    My brother borrowed $140,000 from me many years ago to pay back debt, however, he disappeared with the money and my house was foreclosed. I have made numerous attempts to approach him and be amicable but he will not listen and is rude and aggressi...

    Lu Ann’s Answer

    It might be theft if he never intended to pay, but that is very difficult to prove. The district attorney will make the decision to prosecute.

    You can sue and you could win, but you will have a very difficult time collecting on a judgment.

    Keep in mind that Texas is an extremely debtor friendly state. Nobody gets your house except the lender and the IRS. Nobody gets your car except the lender and the IRS. Nobody gets your wages except the IRS and child support. Nobody gets your pension/retirement/401k/IRA except the IRS. Most people don't have any thing more than that, so there is nothing to get to satisfy a judgment. HOWEVER, a judgment is good for 10 years and can be renewed. Also, the judgment is accruing interest and is being reported to the credit bureaus. The creditor is hoping that one day you will have some money saved for a large credit-based purchase (car or house). When you apply for that loan, the judgment creditor will learn you have cash and will then try again to get you to pay. Luxury items such as motorcycles and boats and cash on deposit in banks are not protected. Even then it is possible to file bankruptcy to avoid payment.

    Because a homestead can't be taken to satisfy a judgment unrelated to the mortgage or taxes, the judgment creditor must give a partial release with respect to the home if you request it in writing. This is necessary if you plan to buy, sell, refinance, or take a home equity loan. If the creditor will not release on request, there is a statutory process to go around the judgment lien. This does not mean you don't owe the money, just that the house can't be held hostage to the judgment.

    You may have to make this a life lesson: don't lend money to friends and NEVER co-sign on a purchase for anyone.

    See question 
  • Want a collection agency who calls for someone else to stop calling my nunber

    UPG Collections call my phone atleast 3-4 times a day for someone who doesn't live with me or I know. They won't stop. I have asked and asked.

    Lu Ann’s Answer

    I am not licensed to practice law in your state. Send a letter certified mail-return receipt requested to the collector instructing the to stop calling you. If they don't stop, you may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees.

    See question 
  • Can I be sued by a debt collector

    A debt collector kept on calling my family members trying to find me so I finally called them back and they said I owed money for a credit card from 8 years ago and they said it was around 1100 dollars with interest I told them I didn't have the ...

    Lu Ann’s Answer

    I am not licensed to practice law in your state. You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees.

    Use the "Find a Lawyer" feature to connect with a consumer debt defense attorney in your area. Many will offer free initial consultation.

    See question 
  • Can i sue a collection agency

    Can i sue a collection agency if i have in a written agreement that if i pay a certain amount that my account will be considered and reported as paid in full but was reported as pain in settlement and they ignore any attempt to correct the issue.

    Lu Ann’s Answer

    You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees.

    Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

    See question 
  • Is this my debt?

    The reason I am being sued by western control is because comfort dental did not submit the claim within a year time or I would have been covered 100 percent by delta dental

    Lu Ann’s Answer

    I am not licensed to practice law in your state. This is your debt, but you may have a negligence claim against the dentist for failing to submit the paperwork in a timely manner. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation

    See question 
  • Is there anything I can do short of bankruptcy to get rid of a garnishment?

    I live TX and have an out of state judgement garnishment. I work for a multistate employer.

    Lu Ann’s Answer

    Wage garnishment is not allowed in Texas to collect civil debts except federal taxes and payment of some federal student loans. It is a violation of the Texas Constitution. It does not matter if your wages are paid by an out of state company.

    See question 
  • In filing a TRO/Injunction, evidence/supporting documents needs be attached? It can be done later? How much docs is too much?

    Plaintiff is planning on filing a TRO/Injunction to stop a foreclosure sale. There is evidence of previous mistakes/fraud by defendants and can the plaintiff attach those evidences/documents along with this request for TRO/Injunction as supporting...

    Lu Ann’s Answer

    There is no reason to worry about excessive documents so long as you make it clear how they support your application for the TRO. The text of the TRO is very technical and you will need help to get it right. You must also be prepared to pay the bond for the TRO. Some judges ask for very little and others will ask for the entire amount of the arrearage. If the bond is not paid there will be no TRO.

    See question