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Lu Ann Trevino
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Lu Ann Trevino’s Answers

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  • What happens when you default on a car loan in Texas? Can you go to jail? Cam they garnish your bank account?

    I have had a dramatic change in my income. My pay was reduced and I've been ordered to pay child support to my ex which will leave Me with only about 100.00/ month after I pay my rent, utilities, and other necessities. And that 100.00 will be used...

    Lu Ann’s Answer

    You can't be jailed for failure to pay a car note. You could file for bankruptcy, but this is drastic if you don't have other very significant debt. When or if the car is repo'd, the lender will sue you for the difference between the auction sale price and the loan balance. A creditor must sue you, personally serve the suit papers to you, wait for you to answer. If the lender wins (they don't always win), then it gets a judgment. That is not the end of the world.

    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.

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  • How do i get a car that i had to put in the shop more then 6 times in a year after buying it brand new off my credit?

    i would also like to get my money back if thats possible but probraly not since it has been repoed... i wasnt going to pay on something that was always breaking down on me and due to having two little girls under the age of 3 years old

    Lu Ann’s Answer

    The lender will sue you for the difference between the auction sale price and the loan balance. A creditor must sue you, personally serve the suit papers to you, wait for you to answer. At that time you could make a counterclaim under the "lemon law", but there are some procedural problems concerning the proper location for such a claim. 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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  • Can I proactively repo car?

    I cosigned for a car loan. I also did a separate notarized contract with the person and her fiancée. It indicated that if one defaults, the other would be responsible and I also added a indemnification clause that any legal matters they would incu...

    Lu Ann’s Answer

    You both have the right to possession of the vehicle because your name is on the title. You have the right to take possession by towing without his/her consent. Be aware that he/she can do the same to you. The Police will not get involved because this is a civil matter. Your problem will come when the title is issued after pay-off. If his/her name appears on the title, you won’t be able to sell the car without his/her permission. You can always make a deal to split some of the sale money to get him/her sign off.

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  • Do I need an attorney to get a well deserved promotion as a civilian employee of the Department of Defense?

    I am a 55 year old female with a Bachelor's degree who has applied for four positions within my department and have been found qualified and referred to the hiring official, but have been passed up each time. The last position I applied for requi...

    Lu Ann’s Answer

    You may have a claim of age discrimination under the facts you have given. Use the "Find a Lawyer" feature to connect with an employment attorney in your area. Many will offer free initial consultation.

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  • Exempt Employee been asked to make up time

    I came in a couple hrs late since I had an appt. My boss asked me to stay 30min late to make up time. Per my understanding exempt employees get paid for their productivity not for FaceTime in office. Can you provide any legality or leg I can stan...

    Lu Ann’s Answer

    There is a strong chance your employment status is improperly classified meaning you are not being paid in compliance with the Fair Labor Standards Act. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • What's the laws on salaried employees?

    I'm a salaried employee, driver. My pay this week was cut by almost half it's original amount. I only missed one day of work this week. How can it be cut by nearly half?

    Lu Ann’s Answer

    You don't give enough facts or context to make a useful answer possible. There is a strong chance your employment status is improperly classified meaning you are not being paid in compliance with the Fair Labor Standards Act. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • Could i get an attorney if the workplace had no neptoism policy in place?

    I manage a convenience store and my daughter is one of my employees, has been since i took over the store. I went on medical leave due to foot surgery. Before I left, I spoke to my supervisor and explained to him who was gonna be left in charge an...

    Lu Ann’s Answer

    These are her claims to make and not yours. Additionally, these are not the kind of claims that result in any kind of change or improved situation. 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. No law guarantees a pleasant working environment and you and she should be prepared to find another job.

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  • I have been through mediation. My wife has 60 days to pay me. Now after mediation s tells me that she can not get the money

    What can I do to assure payment. Can a lien be applied?

    Lu Ann’s Answer

    This appears to be a divorce question and I have changed the category for you. A mediation agreement does not entitle you to a lien.

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  • I opened a credit card account in 2002, defaulted in 2006, sold to a collection agency in 2006.

    The collection agency is in Va and I am in Texas. Am I obligated to pay this money.

    Lu Ann’s Answer

    The statute of limitations for debt collection is 4 years in Texas. That means a creditor or debt buyer must sue you within the 4 years following your first missed payment. Making a payment in that period re-starts the 4 year calendar. After 4 years, you can't be sued on the debt, but the debt buyer can continue collection attempts until you send them a proper cease and desist letter under the Fair Debt Collections Practices Act.
    You still owe the money, but you can't be sued to collect it.

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  • There is a lien on my property resulting from medical debt from 2009 and is past statute of limitations.

    Can I have the lien lifted ?

    Lu Ann’s Answer

    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. 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.

    See question