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Teri A. Walter

Teri Walter’s Answers

4,025 total


  • How can we remove a default judgement from our credit report if the attorney, courts, and plaintiffs are non responsive?

    My husband has a civil default judgement on his credit that was filed in 2009. We went to the court house and obtained a copy of the judgment as well as the so-called unpaid invoices that bought the suit about. We have copies of some of the cancel...

    Teri’s Answer

    Unfortunately, it is far too late to complain about the invoices having been paid - that would have had to happen before the judgment was entered. Similarly, the time to appeal the judgment expired 30 days after the judgment. Now, there's not much to do but pay the judgment. If you're lucky you can convince the creditor to take a reduced amount, if they think you do not have any assets that they can take to pay the judgment.

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  • Under what circumstances, if any, do you feel it is right for the government to use eminent domain to force the sale of people's

    Feds taking our property

    Teri’s Answer

    This is a political question. Personally, I don't feel that it's ever right unless the property is taken for public use, and fair compensation is made. Unfortunately, the US Supreme Court disagrees with me, and has allowed property to be taken for sale to a private developer.

    If you have been contacted about your property being taken, I urge you to hire an attorney to represent you in the proceedings ASAP, to make sure you get a fair price for your property. I suggest you look for someone who does this kind of work as a major part of their practice, since there are special rules that apply.

    .

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  • Can I charge a pet deposit if the tenant snuck in pit bulls to the home and we have asked her to remove them?

    We had a tenant sneak in two pit bulls without our knowledge. They escaped and terrorized the neighborhood. We don't allow pit bulls (aggressive dog breeds) they aren't covered by our insurance. We had the county send us an intent to file suit not...

    Teri’s Answer

    If it's not in your lease, you can't charge an additional deposit for it. However, most leases will have an additional amount of rent due if there are unauthorized pets on the property.

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  • How can a TX HOA operate if the bylaws have never been adopted, signed, nor authenticated?

    Member of an HOA.

    Teri’s Answer

    Lots of entities operate without formal Bylaws, and a few don't bother to follow the Bylaws that they have. It doesn't stop them from operating, just means they probably aren't doing it very well or consistently. Talk to someone on the board about getting a copy, or run for the board yourself and fix the problem.

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  • What steps can i take to get this thing resolved once and for all ? Thanks

    troy LLC has frozen my account as of 2/8/16. without warning. Im going to need some money to pay for my mortage and other stuff to get around. I called them and said they will get with me by thrusday of this week which i doubt they will. I have a ...

    Teri’s Answer

    The only way that comes to mind that this could happen is a garnishment, which suggests that you already have a judgment against you. If that's the case, then the way to resolve it once and for all is to pay the judgment, or file bankruptcy.

    If you can't pay the judgment, talk to a bankruptcy lawyer ASAP. Bring with you all of the information about ALL of your assets, and all of your debts, including account numbers and amounts. Bankruptcy is not an area that you can handle yourself.

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  • How long until the judge responds to my request for the order to compel?

    I'm representing myself in a labor lawsuit in Texas. Started with a lawyer, but ran out of money. When I began to represent myself, I proceeded to attempt to get the depositions from key individuals who I already documentation supported my claim...

    Teri’s Answer

    You'll need a hearing or submission date on your motion to compel, otherwise the judge won't even see it. In the meantime, you have another urgent problem - the summary judgment. If you don't file a timely and adequate response, you're going to lose without taking the depositions. Your response is due a week before the hearing date, and the hearing is probably coming up pretty soon, so this is an emergency.

    That being said. summary judgment is very technical. There are a surprising number of lawyers who don't do them well, and you'll have no chance without counsel. Furthermore, the depositions are unlikely to do you any good if you try to do that yourself, since they won't have the information you need, or the information won't be in the proper form. If this case is worth anything at all, it's worth paying a lawyer to do it for you. Find a lawyer immediately!

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  • What do I do?

    I allowed my nephew to live in my house. I have returned as he advised he was moving. My parents deeded the house to me ad it was purchased for me. I have found out that, he and my mother have taken out a equity. The house cost 146 at purchas...

    Teri’s Answer

    Best remedy for what? To get your nephew out of the house, probably an eviction will be necessary. If you're saying that a loan was obtained using the house as collateral, you'll want to start by getting copies of the loan documents, to determine how this happened. If the house was only in your name, then the only way to get the loan would be either identity theft, or a forged deed. The best remedy will depend on what the underlying problem is. Once you have some idea of what happened, take the documents to a lawyer to determine the next steps.

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  • When the broker arrives am I within my right to decline photographs since I have possessory rights to the premises?

    I am currently leasing a condo. The owner (the developer) has contacted a broker who has contacted me to do a walk through of the unit to familiarize himself with it, because it is now going on the market. my lease does have a clause that states...

    Teri’s Answer

    If you want to keep your personal property out of the photographs, I suggest you move them out of the area being photographed. It's unreasonable to assume that they will show the place without photographs, and equally unreasonable to expect them to try to photograph around your belongings. It's prudent to remove valuable objects from plain sight during showings in any event.

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  • In the worst scenario, do I have superior claim on the house against banks. What can I do with the house- live, rent? Thanks

    What is the process for buying a property tax deed in Texas? I understand the bid goes to the highest bidder and the owner has 2 years to redeem the house. So, if the tax owed is 3k and I bid and buy it for 10k. I know there is a 25% interest for ...

    Teri’s Answer

    You're misunderstanding the statue. The 25% or 50% is not interest, it's a "redemption premium," in other words extra money they have to pay you to get the property back, and it's calculated on the sale price, plus certain expenses.

    The statute provides that the former owner can redeem by " . . .by paying the purchaser the amount the purchaser bid for the property, the amount of the deed recording fee, and the amount paid by the purchaser as taxes, penalties, interest, and costs on the property, plus a redemption premium of 25 percent of the aggregate total if the property is redeemed during the first year of the redemption period or 50 percent of the aggregate total if the property is redeemed during the second year of the redemption period.".

    You don't get a new deed after the redemption period, so there will never be a warranty deed, there will only be the tax deed, it's just that the right to redeem the property will have expired.

    Please don't bid at a tax sale unless you know the condition of the property, value of the property, and have some idea of what it might take to make it useable or marketable. This includes making sure that what you're buying has access to the street, and confirming that there are no other liens against the property, or suits over the ownership or use of the property. If you don't do this, you'll buy nothing but a headache.

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  • How can I quickly repay my tax debt?

    My husband and I have a $12,000 tax debt due to his delinquency. Throughout our marriage, I tried to fix our situation with no help from him. I found out he was seeing another woman and asked him to leave the home. Shortly after, he was fired from...

    Teri’s Answer

    If you don't see a family law attorney to get a divorce from this guy, you'll have an ongoing problem. By the time you pay what is due now, there will be more taxes accrued. Make sure the divorce decree makes him responsible for all taxes due for the years of the marriage.

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