Michael Wayne Weston’s Answers

Michael Wayne Weston

Bellaire Bankruptcy Attorney.

Contributor Level 12
  1. Do I need a debt collection defense attorney?

    Answered about 2 months ago.

    1. Michael Wayne Weston
    2. Dwaine Morris Massey
    3. Arthur Lebedin
    4. Thomas Blaine Dixon
    4 lawyer answers

    You should consult with one or more debt collection defense firms. Look for someone who charges flat fees because if you are being sued for under $2000 then you don't want to pay anyone by the hour or have any other contingencies. Most likely you will be better off if you retain someone with experience in dealing with the law firm that is suing you. Although the debt is 1300, if they get attorneys fees and costs at trial you could end up owing around $3000. A debt defense attorney could...

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  2. Can a creditor place a "lien on my social security number" and freeze my assets so that I cannot cash my paycheck?

    Answered 5 months ago.

    1. Pamela L. Stewart
    2. Michael Wayne Weston
    3. James B. Heston
    4. Mark Allen Land
    4 lawyer answers

    They cannot "place a lien on your social security number." They can do is garnish your bank account if they get a valid judgment against you. They cannot intercept your paycheck but they can take it once you deposit it into the bank - presuming they have a judgment against you. More information is needed.

    6 lawyers agreed with this answer

  3. Being sued on a Private debt of 90,000 and so is my mother she was a cosigner and is on disability? Can someone help?

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Michael Wayne Weston
    3. Rixon Charles Rafter III
    4. Christine B. Adams
    5. Stuart Bradley Handelman
    6. ···
    6 lawyer answers

    You may have defenses to this lawsuit. Filing for Bankruptcy may be an option but there are non-bankruptcy options.

    6 lawyers agreed with this answer

  4. I am being sued by Capital One N A i want to settle but what steps to take?

    Answered over 1 year ago.

    1. Michael Wayne Weston
    2. Adam Nelson Rieck
    2 lawyer answers

    You should be careful settling with them. They will probably say you can make monthy payments if you sign an agreed judgment. Thus you agree to have a judgment against you for the full balance, plus attorneys fees, costs and interest. A $1,000 debt could turn into 2,500 before you know it. You should consider hiring a debt defense attorney on a flat fee who will protect you by filing the respose and answering all of the discovery that they likely imbedded in the petition. The answer...

    6 lawyers agreed with this answer

  5. My mother received notice of a civil lawsuit for debt collection on an unpaid credit card. Deputy told my father that an arrest

    Answered 6 months ago.

    1. Michael Wayne Weston
    2. Mark Allen Land
    3. Lu Ann Trevino
    3 lawyer answers

    Normally I would say no but If she is intentionally avoiding service then yes this could be considered a crime in Texas. Given that you appear to be in a small town I wouldn't put it past the sheriff to do something like that. She should simply work something out with the Sheriff to have service delivered to her or she needs to pick up the papers before this turns into more of a problem. After the lawsuit is served, it needs to be defended. She should consider hiring a debt defense lawyer...

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  6. Can a collection agency file a lawsuit for unpaid legally expired debt in TX?

    Answered almost 2 years ago.

    1. Michael Wayne Weston
    2. Andrea L Crawford
    3. Eric Stephen Southward
    4. John A. Fischer
    5. Susan Green Taylor
    5 lawyer answers

    If they file a lawsuit it will not be reported on your credit, the lawsuit that is. If they win the lawsuit and obtain a judgment, then yes it will likely be reported for 10 years as a public record. I disagree that by sending a cease and desist letter you will be opening yourself up to a lawsuit. If the debt was with an original creditor and only a few months old there is probably some truth to that. But not a 7 year old debt. You just need to make sure that your letter is clear and...

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  7. What are some affirmative defenses regarding a debt claim case?

    Answered about 1 month ago.

    1. Lu Ann Trevino
    2. Michael Wayne Weston
    3. Daniel Ray Gamez
    4. Matthew Scott Berkus
    5. Richard Jonathan Cahan
    5 lawyer answers

    The most common affirmative defense is the statute of limitations. This means they sued you more than 4 years after you defaulted on the debt with the original creditor. This defense must be plead in your answer and proved by you. It does not apply in all situations. There are no cookie cutter defenses that work for debt defense. Each case is different and the evidence that Midland produces is really what should be attacked. Simply saying that Midland doesn't have the right to buy the...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Contemplating filing for bankruptcy. One credit card my mother was a guarantor. Will I be able to include this ?

    Answered 5 months ago.

    1. Michael Wayne Weston
    2. Richard Glenn Elie
    3. Brian Christopher Fetzko
    3 lawyer answers

    If you and your mother are named in the lawsuit then you filing for Bankruptcy will not relieve her from the liability. It's difficult to advise if filing for Bankruptcy is the best option for you without hearing more information. A Bankruptcy would stop the lawsuit and discharge the debt but it would only do this for you and not your mother. The case would proceed against your mother. Before diving into Bankruptcy I think you and your mother should consider fighting the lawsuit. Often...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am being sued by Midland Management for a debt that has not been collected on since before 2009.

    Answered 7 days ago.

    1. Michael Wayne Weston
    2. Howard Berkson
    3. William J. Dyer
    3 lawyer answers

    The statute of limitations is governed by your default date or last payment. So if you have not paid any creditors since 2008 it certainly seems like you have a good affirmative defense and possible claim. This defense must be proved by you in Court. The first step is to file an answer to the lawsuit so a default judgment is prevented. You may have a claim against Midland under the FDCPA for filing a time barred lawsuit. A counterclaim could be added to your answer or a separate...

    5 lawyers agreed with this answer

  10. I just got served a Citation for Debt Claims.What kind of a written response do I reply?

    Answered about 1 month ago.

    1. Harold David Agron
    2. Michael Wayne Weston
    3. Michael Glynn Busby Jr.
    4. Robert Werner von Dohlen
    5. Amy Elizabeth Clark Kleinpeter
    6. ···
    6 lawyer answers

    Perhaps you should re-consider Bankruptcy with someone who offers a cheaper fee and a monthly payment plan instead of all of the money up front. Also many debt defense law firms offer reduced flat fees and payment plans. Both of these options should be considered before trying to defend this yourself. You generally can't go to jail for not paying a debt. The more likely situation is that Capital One will clean out your bank account if they get a judgment. This is why you should take...

    5 lawyers agreed with this answer

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