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Lu Ann Trevino
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Lu Ann Trevino’s Answers

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  • Being sued in court for unpaid debt live in Texas employer in Nebraska can judgment be domesticated to NE to garnish my wages.

    Was married now divorced got a car in my name fox ex wife was assigned to her as her debt in divorce. It's been almost 4 years got a advertisement from a lawyer that I had a lawsuit filed against me for unpaid debt. My question is I live in Texas...

    Lu Ann’s Answer

    You may be able to defeat this lawsuit. You may have strong procedural defenses to this claim and should get an attorney experienced in consumer debt issues. The possible judgment can't be domesticated to a state where do not live.

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  • What can I do?

    friend loaned me money to purchase a motorcycle. Total loan $3500 at 10% interest. Setup payment schedule 16 months @ 280 and some change per month starting 02-16-2016. Friend began using the motorcycle as leverage to start a relationship with me...

    Lu Ann’s Answer

    Is the only name on the title your? If yes, you can take it back because she has no secured interest in it. You may be able to report it stolen and seek to have it returned. Generally, the police will see this as a civil matter. Use the "Find a Lawyer" feature to connect with an attorney in your area. Many will offer free initial consultation.

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  • Do anti-deficiency laws apply to the short sale of a motorhome in Texas?

    I own a motorhome and owe more than the value of the motorhome. I am considering a short sale or voluntarily relinquishing the asset to the bank and working with a debt management company to reduce the difference I owe between the loan value and ...

    Lu Ann’s Answer

    What is the debt management company offering to do for you and at what cost? You should sell it yourself because the auction price will almost always be lower than what you would get. The motor home is just a big car and a deficiency judgment would be sought by the lender. Make them come after you for the difference. It is often possible to defeat the claim in court with proper assistance of counsel.

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  • Recording an in-person conversation without the other person's knowledge.

    My wife works for a boss who creates a constant hostile work environment for everybody who works for her. She has berated and belittled my wife, many times in front of others, I even heard a phone call between them and fed up with it, my wife, one...

    Lu Ann’s Answer

    Texas law requires that only one party consent to the recording of a conversation. Your wife was that party, so there is no legal liability for this event. Be aware, she could find herself without a job due to the incident. No law guarantees a pleasant working environment and she should be prepared to find another job.

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  • Can I claim this as my homestead, a % of ownership to maintain? Can I sell this share with an active mortgage loan in place

    i own a home that i homestead. i'd like to sell a share of my home to someone as an investment. I'd like to sell that share for an amount that will clear or come close to clearing my mortgage. I will continue to live here and have controlling i...

    Lu Ann’s Answer

    Did you get this idea from Hugh Hefner's offer to sell the Play Boy Mansion? It would be most efficient to sell the interest for enough money to retire the full mortgage and then create a special warranty deed between you and the investor. This is not necessarily easy and you need specific legal advise. Use the "Find a Lawyer" feature to connect with a real estate attorney in your area. Many will offer free initial consultation.

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  • What can I do to get it returned? Can the repo man find the vehicle?

    The bank wants to reposses my vehicle but someone else is driving it and refuses to bring it back. I have sent a letter of demand to return to specific place. No results.

    Lu Ann’s Answer

    Is the person using the car named on the title? If not and you do not care about having a repossession reported on your credit reports and are prepared to pay for the expenses associated with the repo cost and the deficiency between the auction value of the care and the amount you may still owe, you tell the repo agent where the car is.

    If you are both on the title, 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. You may have to make this as a life lesson: don't lend money to friends or relatives and NEVER co-sign on a purchase for anyone.

    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.

    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 Social Security/disability/ 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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  • What can I do

    I had a bill at an established business. .....it took me awhile to get it paid off but I finally did...now I have the pd in full receipt and presented to the company. ..they're still not marking it as paid...what can I do?

    Lu Ann’s Answer

    To protect your claim under the Fair Credit Reporting Act, you must dispute the amount of the debt with the credit bureaus preferably in writing. The bureaus must investigate and if the amount debt can't be substantiated, the entry must be removed. If it is not corrected or removed, you can sue the collector, the dealer, and the bureaus to get it removed and pay you damages and attorney fees.

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  • Can my bosses bully and push me around and make me do something I didn't wanna do

    I work at a Walmart [censored] in tx my bosses have told me that I ll go to lunch when they say not when the time on my schedule says that they didn't care that I'm somewhat special ed (the state says I'm not but docs say I am and some not dumb) n...

    Lu Ann’s Answer

    Employers are allowed to manage work breaks and meals to suit the needs of the work day. No law guarantees a pleasant working environment and you should be prepared to take breaks when told or find another job. If you really believe you were the victim of disability discrimination and that the reasons given for adverse job actions were just pretexts for the discrimination, you need to discuss the details with an employment attorney.

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  • How can I go on about this situation?

    my mother in law passed away unexpectedly the day after christmas. I contacted my work and asked if I could have bereavement pay. They asked id I was married I said yes I was common law married that me and my spouse have been together since 2012....

    Lu Ann’s Answer

    Texas allows you to file a Declaration of Informal Marriage with the county clerk which states that you consider yourselves married and you can enter the date you believe you began your informal marriage. This is all you need to prove your common law marriage to an employer or anyone else except in divorce court.

    As for this employer, what do you want? You probably not be comfortable going back to work there. 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 is the statue of limitation on payday loans in texas

    I was told I had a pay day loan 6 years ago I don't think so but I don't remember.

    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.

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