Lu Ann Trevino’s Answers

Lu Ann Trevino

Houston Debt / Lending Agreements Lawyer.

Contributor Level 19
  1. Can my bank account in Texas be seized for a personal judgment from another state?

    Answered 9 months ago.

    1. Lu Ann Trevino
    2. Michael Wayne Weston
    3. Michael Glynn Busby Jr.
    4. Dorothy G Bunce
    5. Robert J Adams Jr.
    5 lawyer answers

    Judgments from other states can be executed in Texas. Bank accounts and personal property above $40,000 are fair game for jedgment collection.

    Selected as best answer

  2. Can i be forced to pay the remaining amount on a vehicle that was repossessed?

    Answered 11 months ago.

    1. Lu Ann Trevino
    2. Robert J Adams Jr.
    3. Steven John Clausen
    3 lawyer answers

    When the car is repo'd, the lender will sue you for the difference between the auction sale price and the loan balance. If the lender wins (they don't always win), then it gets a judgment. That is not the end of the world. 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/...

    Selected as best answer

  3. If a collection agency has taken me to court what would the outcome be if i don't show up?

    Answered 1 day ago.

    1. Lu Ann Trevino
    2. Daniel Ray Gamez
    3. Peter Walter Weston
    4. Michael Wayne Weston
    5. Blake Owen Brewer
    5 lawyer answers

    A creditor must sue you, personally serve the suit papers to you, wait for you to answer, and win at trial before it can get a judgment. If you don't answer or appear for trial the court will award a judgment against you. Doing nothing is always the worst response. 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, with a few specific exceptions,...

    5 lawyers agreed with this answer

  4. If I have a judgment against me can they freeze a bank account that has my name and my moms name on it

    Answered about 1 month ago.

    1. Lu Ann Trevino
    2. Dane L Hines
    3 lawyer answers

    Just like the previous answers, ANY bank account with your name on it can be subject to garnishment to satisfy the judgment as long as these are not protected retirement type money or the source is Social Security.

    5 lawyers agreed with this answer

  5. Can creditors force family of deceased to sell his paid-off car to pay his debts?

    Answered about 1 month ago.

    1. Lu Ann Trevino
    2. Mark Hankins
    3. Maria Sara Lowry
    3 lawyer answers

    This question needs to be answered by an Oklahoma attorney because each state has specific rules for intestacy. Generally speaking, without a will, the family would not have the authority to sell the car.

    5 lawyers agreed with this answer

  6. An Apartment says I owe for damages to the carpet. They went to a collection agency. Can i pay the apartment directly vs agency?

    Answered about 2 months ago.

    1. Lu Ann Trevino
    2. Elizabeth Marguerite Broussard
    3. Richard Glenn Elie
    3 lawyer answers

    The collection company will try to call you so you could just wait or you can check your credit report for the contact information is the debt is more than 30 days old. You may have to pay the collector directly if the debt is accurate. Did you get an accounting of the closing fees and your rent deposit? The landlord may not have given you proper credit.

    5 lawyers agreed with this answer

  7. I have an eviction trial at the J.P. level on Mon. 5-5-14. The mortgage company refused proper mitigation, refused offers to pay

    Answered 4 months ago.

    1. Lu Ann Trevino
    2. Daniel Lee O'Neil
    3. Robert Werner von Dohlen
    3 lawyer answers

    This is not a wrongful eviction and it is not yet a wrongful foreclosure because you are still in possession. The JP court has jurisdiction to answer only one question: who has superior right to possess the property? Right now that is the bank. A writ of possession will be issued in a week and then the sheriff will tell you when he is coming to move you and change the locks. This may take weeks. You could also appeal the issuance of the writ of possession but chances of success are poor...

    5 lawyers agreed with this answer

  8. Can a payday loan collection place send paperwork to my county for a bad check? can i be arrested?

    Answered 7 months ago.

    1. Lu Ann Trevino
    2. Brett D Weiss
    3. Shaye Larkin
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    The attorneys on this site answer this question at least once a week. This is a civil matter and you can't go to jail for an unpaid debt for a check you never wrote. It's also virtually impossible to do anything to stop the calls because this type of collector does not want to be found.

    5 lawyers agreed with this answer

  9. How do I file a judgment, can I personally do it?

    Answered 8 months ago.

    1. Lu Ann Trevino
    2. Alan D. Walton
    3. Christopher Daniel Leroi
    3 lawyer answers

    You must file a suit and win to get a judgment. That's the easy part. It is extreme.y difficult to collect 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...

    5 lawyers agreed with this answer

  10. What are my options to avoid foreclosure on a home I inherited via small estate administration?

    Answered 8 months ago.

    1. Lu Ann Trevino
    2. Cheryl Rivera Smith
    3. George Edward Shires
    3 lawyer answers

    You don't say what your relationship to the estate is, so no clear answer can be given. Have the mortgage payments been made while the estate was being probated? Are you the sole heir/beneficiary of the estate?

    5 lawyers agreed with this answer

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