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Lu Ann Trevino
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Lu Ann Trevino’s Answers

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  • I had a payday loan in 2013 that I did not pay because of family issues and health issues.

    I had someone from the DA's office call me yesterday saying the company had filed suit against me. I did not intentionally pay back the loan. I was the caregiver for my mother who was extremely ill and I, too, had/ have many, many health issues....

    Lu Ann’s Answer

    This is a scam. You probably are not in danger of going to jail for this debt. Unfortunately, there is probably nothing you can about the calls and the threats. There are 2 kinds of internet collectors: 1) the ones you can find and 2) the ones you can't. Most of the scary collectors are in the second group. It's virtually impossible to get them to stop and you can't sue because you can't physically find them. Demand information about the debt. They will not give it. Do not provide any of your banking information. Finally, beg them to sue you immediately because, if they do, you can sue them for the collection violations.
    http://www.avvo.com/legal-guides/ugc/the-truth-about-payday-loan-collection-calls

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  • Can I sue debt collector?

    I received a couple of voicemails stating that I needed to call number back because I was facing legal actions due to a bounced check. ( I don't have an active bank account) Comes to find out it is a very rude debt collector. She stated that since...

    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 a consumer attorney in your area. Many will offer free initial consultation.

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  • Are there lawyers or agencies that help people to collect on judgments?

    I won a judgment again an ex-friend. I co-signed on a loan for her and she never paid anything on the loan. I have been paying on the loan to save my credit . I have also filed adjustment order in the County Clerks office. She has no property othe...

    Lu Ann’s Answer

    You will have a very difficult time collecting on a judgment. No attorneys or collectors will do this type of work because the amount is too small.

    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.

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  • How can I find out where my tuition money is going and how is it being spent?

    My school makes over $2 million every 4 months from government funds through each student, Yet as a student(s) there are what seems to be so many flaws in the system. Questions that are asked are never completely answered. The school I attend has ...

    Lu Ann’s Answer

    Try consulting the Consumer Financial Protection Bureau which has a student loan section.
    http://www.consumerfinance.gov/students/

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  • How long can an employer delay on giving a yearly review/raise?

    My husband works for a large nationally known company and was due his review back in January 2015. His boss always finds an excuse as to why it's not done every time he brings it up. He's completed lots of continuing education courses which entitl...

    Lu Ann’s Answer

    Has HR or higher management been informed that review is overdue? Are the reviews of other employees overdue? Is the employee being treated differently because of legally prohibited discrimination based on age, sex, race, et cetera?

    You don't give enough facts or context to make a useful answer possible. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • Can a person be sued by a Pay Day Loan company in Texas? Civil suit? Are they supposed to harass the references?

    I am a reference and was called stating something about a deposition. Is that possible? I've never heard of that.

    Lu Ann’s Answer

    Unless you co-signed for the loan, legally you can't be sued by the lender for default on a payday loan. Anyone can be sued for anything, but it would not be legitimate cause of action and payday lenders rarely sue anyone. These calls violate federal and state collection laws. Tell them so and let the borrower know so claims can be made of the violations persist and the collector/lender can be found.

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  • Can my past employer release information to general attorney office of current job ?

    I am having issues with my employers wife. I use to work for her and her husbands company about 2 yrs ago. Now i am working for her husband and his partners company. Today she informed me my wages were going to be garnished from my current job be...

    Lu Ann’s Answer

    So you want these people to risk legal problems with the attorney general's office so you can avoid paying your child support obligations?

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  • I was verbally and physically assaulted by my manager about two months ago. Do I have if any legal compensation

    I have witness

    Lu Ann’s Answer

    Did you file a police report? Does management know about the incident? Was the assault the result of legally prohibited discrimination based on age, sex, race, et cetera?

    You don't give enough facts or context to make a useful answer possible. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • Is there a way for somebody to take over my car loan?

    My bank told me in my state they don't have direct financing only dealer financing. I have found someone willing to take over my car loan but now I need a different way for them to take it over. Is there any legal documents I could get both of u...

    Lu Ann’s Answer

    There is no legal means of sub-letting a vehicle and it's probably forbidden under the terms of your lease. You would be putting yourself at risk of liability if your sub-lessee had a serious accident and there could be insurance problems for both of you.

    Investigate the expenses and negative credit impact of breaking the lease or look at other ways of cutting expenses to stay in the lease.

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  • As a cosigner of an automobile am I responsible for toll charges if not paid?

    Vehicle title in both names but person and car don't live with me

    Lu Ann’s Answer

    You are responsible for unpaid tolls as a titled owner of the car whether you were driving or not. If the tolls are not paid the toll road authorities will sue you to collect. Most important, THERE IS NO STATUTE OF LIMITATION FOR SUCH COLLECTION LAWSUITS.

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

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