Michael Wayne Weston's Answers

Can a debt collector freeze my bank account in texas

Yes they can freeze your bank account if you do not show up and they obtain a default judgment against you. They can do this with a writ of garnishment on your bank after the judgment is obtained. Also, you do not need to physically go to court to file an answer. The answer can be mailed to the court with a copy going to the opposing attorney. If there are request for admissions in the lawsuit you need to respond to those one by one and send the responses to the opposing attorney or they...

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How do creditors garnish your checking account?

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us. A creditor needs a judgment against you in order to garnish a checking account. Then, they will have to find out where you bank. After they find your account, they will have to sue your bank in order to get the account frozen. You will not have notice of the garnishment until it is too late. As you can see, garnishing a checking account is a time...

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How to remove abstract of judgment in State of Texas (homestead)

There are two options. You can obtain a full release of the abstract of judgment from the creditor or you can file your own partial release of the abstract of judgment as it relates to your homestead. To obtain the full release from the creditor you need their cooperation. You can either settle the judgment in exchange for the release or you can send them a demand letter to send you a release or sign a release you prepare because they are clouding title on your exempt homestead. Some...

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Do i need a bebt laywer

You should strongly consider consulting with a debt lawyer. It is not possible to advise you on the exact steps without knowing a complete background of your situation and all of the facts. I am unable to tell if the court date you have Monday is a trial setting or simply the deadline for you to file your answer. If it is an answer deadline, you should file a written answer with the court and also respond to the request for admissions that are likely imbedded in the petition. If you do not...

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Can I sell my home without paying the judgments against me in Texas?

Adding to what the previous attorney said, in order to sell your homestead the lender or title company may require that you obtain partial releases of the judgments as they pertain to your homestead. The judgment liens do not technically attach to the property because a properly filed homestead exemption prevents these types of judgments from attaching in Texas. That being said, you will likely still need to obtain partial releases. You should consult with an attorney to discuss the...

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Debt collector taking me to court for a small debt, what are my options?

From what you have said this sounds like a third party collection agency threatening you with a lawsuit so you will pay faster, not a law firm who intends on actually filing a lawsuit. This is no guarantee but i find it doubtful they actually intend on suing you for such a small amount. Collection agencies often threaten lawsuits that they do not intend on filing, this could be a violation of FDCPA if they do not actually file when they said they were going to. Personally I would not give...

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Service time limits in TEXAS

The SOL is measured by when the case is filed, not when you are served so it will not matter when you are served for SOL purposes. That being said, the court may dismiss the case for want of prosecution if you are not served after a good amount of time, at the courts discretion. This is not an invitation to intentionally dodge service because doing so is actually a crime in Texas. So to sum it up if you are served after the SOL it does not matter in my opinion if the case was filed...

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Can the judgment owner seize my IRS refund? If sued for unsecured debt In TX

No. Tax refunds are not transferable so judgment creditors intercept them. Only the state and federal government can intercept a tax refund to collect unpaid taxes, student loans, benefit over payments and child support obligations. Also Bankruptcy trustees can take them or force you to turn them over in a Bankruptcy proceeding under certain circumstances. You mentioned you will get a debit card so this doesn't apply but if you do every deposit your refund into your bank account, a...

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I stop paying a credit card balance due to loosing job and my husband now is not working i have been served papers what can i do

You only have a certain about of time to file a written answer to the lawsuit in Texas. If you are being sued in Justice court the answer will be due on a Monday after the expiration of 10 days if county court it's due on the Monday after the expiration of 20 days. You should consider hiring an attorney to defend the lawsuit but in any event you need to file an answer prior to the deadline or a default judgment can be taken against you.

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Final Default Judgement due to non-payment of credit card and placed on real property will be on record how long?

Adding to what the previous attorney said, you should determine if an abstract of judgment was filed by the creditor. An abstract of judgment creates a lien on any non-exempt property that you own in the county where the abstract was filed. You stated that your property is no longer covered by a homestead exemption so most likely the judgment lien has attached to the property if the abstract was properly filed in the county where the property is located. This means your lender may require...

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