Lu Ann Trevino’s Answers

Lu Ann Trevino

Houston Debt / Lending Agreements Lawyer.

Contributor Level 19
  1. Can someone from a debt collector company say they are going to take property from you for a payday loan that was not paid off?

    Answered about 1 month ago.

    1. Lu Ann Trevino
    2. Robert Werner von Dohlen
    3. Matthew Frederick Wegner
    4. Janet Monique Okoye
    4 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. 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...

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  2. Is there a statute of limitations associated with attempting to collect an unsecured personal debt in Texas? If so, how long?

    Answered 12 months ago.

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

    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...

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  3. Can my bank account in Texas be seized for a personal judgment from another state?

    Answered about 1 year 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.

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

    Answered about 1 year 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/...

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  5. Is it legal for my brother to demand my personal bank information and pay stubs from work? Can I tell him no?

    Answered 12 days ago.

    1. Lu Ann Trevino
    2. Tracy Alan Pounders
    2 lawyer answers

    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.

    5 lawyers agreed with this answer

  6. How can I remove my name from my husbands student loan in our divorce?

    Answered about 1 month ago.

    1. James B. Heston
    2. Peter Walter Weston
    3. Lu Ann Trevino
    4. Dorothy G Bunce
    5. Matthew Frederick Wegner
    6. ···
    6 lawyer answers

    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.

    5 lawyers agreed with this answer

  7. I opened an Ira and my boyfriend put money in it after I told him he couldn't. I signed to get the money. Will I go to jail?

    Answered about 2 months ago.

    1. Lu Ann Trevino
    2. Richard Jonathan Cahan
    3. Steve Daniel Santiago
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

  8. Am I being extorted?

    Answered 2 months ago.

    1. Lu Ann Trevino
    2. Adam Michael Lahood
    3. Natalie Rebecca Lynch
    4. William Fulton Broemer
    4 lawyer answers

    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.

    5 lawyers agreed with this answer

  9. Is Texas house titled in land trust and used as 100% homestead exempt from civil judgment and collection?

    Answered 3 months ago.

    1. Lu Ann Trevino
    2. Orsen E. Paxton III
    3. Richard Glenn Elie
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

  10. Can I file a complaint against a debit collector for calling my husband at his job?

    Answered 3 months ago.

    1. Adam Michael Lahood
    2. Lu Ann Trevino
    3. Blake Owen Brewer
    4. Phillip A. Greenblatt
    4 lawyer answers

    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.

    5 lawyers agreed with this answer

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