Benjamin Kirke Sanchez’s Answers

Benjamin Kirke Sanchez

Houston Litigation Lawyer.

Contributor Level 12
  1. I went to court today and my lawyer showed up late???

    Answered over 1 year ago.

    1. Jacqueline R. Kriebel
    2. Macy Michelle Jaggers
    3. Benjamin Kirke Sanchez
    4. Robert Bruce Kopelson
    4 lawyer answers

    Civil or criminal case? JP or county court?

    8 lawyers agreed with this answer

  2. Is it legal for any collection agency to sue, press charges for fraud, or suspend your license due to unpaid payday loans?

    Answered about 2 years ago.

    1. Benjamin Kirke Sanchez
    2. Thomas A McAvity
    3. Patrick Begley
    4. Gary D. Bollinger
    5. Seyed Abbas Kazerounian
    5 lawyer answers

    It is against the law to make such a threat. There is no connection between a loan and your driver's license. You can sue them with the help of a lawyer.

    Selected as best answer

  3. I have an ex-husband that is in violation/contempt of our decree and have limited/no funds to hire an attorney.

    Answered 5 months ago.

    1. Benjamin Kirke Sanchez
    2. Daniel Lee O'Neil
    3. Mark Allen Land
    4. Travis L Turner
    5. Dorothea Elaine Laster
    5 lawyer answers

    It's possible that a lawyer may take your case and seek fees from your ex-husband for you having to file a motion for enforcement with the court. If your ex-husband is wealthy and he clearly violated the decree, then the lawyer might be satisfied that he could get his fees paid by your ex-husband either willingly or by force from a judge.

    6 lawyers agreed with this answer

  4. My husband passed away and someone was telling me that all debts have to be paid before the will can be probated.

    Answered 7 months ago.

    1. Benjamin Kirke Sanchez
    2. Maria Sara Lowry
    3. Keith Parnell Miller
    4. Michael S. Haber
    4 lawyer answers

    That is not true. As part of the probate process, you will have to give notice to all creditors, who then have a limited amount if time to file their claims against the estate.

    6 lawyers agreed with this answer

  5. MY HOME WENT INTO AUCTION ON A FORECLOSURE AND WAS SOLD. MY HUSBAND PASSED AWAY LAST YEAR AND HIS NAME IS ON THE TITLE AS WELL

    Answered about 1 year ago.

    1. Benjamin Kirke Sanchez
    2. Kathryn Mary Holton
    3. Mark Allen Land
    4. Jimmie Lee J. Brown Jr.
    4 lawyer answers

    They should have created an estate for your husband if one didn't exist. You can sue for wrongful foreclosure and ask the eviction court to stay the eviction proceedings pending outcome of the wrongful foreclosure suit.

    Selected as best answer

  6. Condo's. Foreclosure by HOA or Condo Assn.

    Answered over 1 year ago.

    1. Benjamin Kirke Sanchez
    2. Kevin Matthew Koel
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    Generally the HOA lien will be wiped out the foreclosure and the bank won't care about the HOA assessments due. The bank will have to pay the HOA fees after foreclosure if the bank buys the property at foreclosure, or else the purchaser of the property will have to do that. The purchase by the bank or another purchase won't be subject to the extinguished HOA lien, but again, new HOA fees will be due and payable.

    Selected as best answer

  7. Personal Guarantor on a commercial lease.

    Answered almost 2 years ago.

    1. Benjamin Kirke Sanchez
    2. Becky Pham Tran
    3. Andrew Zachary Tapp
    3 lawyer answers

    A personal guarantor can be held responsible; that is why many places require them.

    5 lawyers agreed with this answer

  8. My parents died intestate in Tx over 10 years ago. 5 sibblings. We each own a 20% undivided interest in back pasture.

    Answered 7 months ago.

    1. Richard D. Hayes
    2. Walter Wilbur Beuhler
    3. Teri A. Walter
    4. Benjamin Kirke Sanchez
    5. Robert Neil Newton
    5 lawyer answers

    The other attorneys are correct. Instead of asking them for a cute to a specific statute, you should simply decide if you want to buy out the person you don't like or ask a court to partition the property by sale or physical partition.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. How to find out we are contacted by scammers collectors?

    Answered 7 months ago.

    1. Blake Owen Brewer
    2. Benjamin Kirke Sanchez
    3. Bradford Abrams
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Although their threats may be scams, your underlying loan wasn't a scam, so be cautious. There actions appear to violate state and federal debt collection laws, for which they can be sued. You may want to retain an attorney and go on the offensive.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I sue a debt collector for an inaccurate collection?

    Answered 5 months ago.

    1. Benjamin Kirke Sanchez
    2. Lu Ann Trevino
    3. Nathan D McKinney
    3 lawyer answers

    LuAnn is correct. You have to dispute first and give them a chance to correct the reporting to the credit bureaus before you can move forward with a suit.

    4 lawyers agreed with this answer