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. They don’t always win.
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, except the IRS and child support. Nobody gets your pension/retirement/401k/IRA except the IRS. Most...
The statute of limitation in Texas for debt is 4 years begining the day after the first missed payment. You may be stuck with using the dats of the individual loans as the starting poiints. Truthfully, there is nothing you can do to preserve a claim for unpaid debt other than sue or get the debtor to sign a note admitting to the debt than could get you aqnother 4 years. The biggest thng you need to know if the debt will never become collecable until you sue and win a judgment. Even then you...
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/...
Are you a minor or an incompetent person? Is your brother your guardian? If the answer to these questions is no, there is no reason for you give your bank and payroll info to your brother. Even if you owe him money, he can't force you disclose that information.
You can divorce a spouse, but not a student loan. The soon to be ex-spouse would have to refinance the loan in his own name. The problem is that he may not qualify and you would be trapped in responsibility for the loan.
This is a scam, a variation on the check cashing scenario where you are asked to deposit a (fake) check, then you wire a lesser amount of money to another conspirator, and you get to keep the difference as your fee. The check bounces after you wired your legitimate funds leaving you to pay the bank for the overdraft. I don't know how the IRA variation will impact your situation.
No, that's just business. Unless you have a written contract for employment with set terms for this scenario, the company has the right to offer you this type of option. Texas is an employment at will state meaning employer or employee can end the work relationship at any time for any reason or no reason as long as there is no legally prohibited discrimination based on age, sex, race, et cetera.
I agree that the answer here is maybe.
Why did you want to muddy the waters regarding homestead, which is untouchable by judgment creditors in Texas? Sometimes estate planners who are unfamiliar with Texas law recommend this type of trust to avoid estate taxes, but don't realize the possible unintended consequences such as creating questions about preservation of the homestead exemption and the legal implications of a "revocable" trust.
You can file a complaint with the Texas Attorney General' office or the Consumer Finance Protection Bureau. You must be sure who is actually trying to collect. It is highly unlike that Capital One is trying to collect this 8 year old debt. Make sure you know the correct name of the collector.