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Ruben Ernesto Vasquez's Answers
- 33 Legal Answers
- 2 Legal Guides
2
Attorney answers:
Can a creditor file a lawsuit against me to collect a debt
Dear lawsuit, Generally, the credit card company and/or a collection agency who may have purchased the original note from the original creditor has the right to sue you in a civil lawsuite seeking to collect any outstanding amounts owed on said debt, and in many times been able to request attorney fees and expenses for having to sue to get satisfaction. However, I take exception to the response Mr. Cheong posted earlier in response to your ? about said creditor being able to place...
10 people marked this answer as helpful
3
Attorney answers:
Can creditor's garnish my wages when I can barely make ends meet and have 3 children
Dear Defendant, The Short answer to this question is probably not. They have the right to sue you and obtain a judgment for the $4,000.00 but chances are that they will not be able to collect on said judgment. If Texas law governs your contract (i.e. the terms of the contract stated this or the contract was signed in texas) then the statute of limitations begins to run after your last payment on said account. If it has been four or more years since you last paid anything on this...
4 people marked this answer as helpful
3
Attorney answers:
Can creditor's garnish my wages when I can barely make ends meet and have 3 children
Dear single mom, First of all, allow me to say how very touched I am by your story. unfortunately, too many people find themselves just as you are and debt collectors are simply heartless. The Good news....you don't have to live like this. Texas generally does not allow wage garnishment for civil debts unless its a government agency such as the IRS. However, I need to know where the contract, that makes the subject of this collection, was originated. If the contract was...
4 people marked this answer as helpful
5
Attorney answers:
Can I file ch7 bankruptcy for unpaid College tuition ?
Dear college tuition, It appears the short answer is maybe yes so long as the tuition is owed directly to the educational facility. We must take precaution and ascertain that they really are not student loans guaranteed by the federal government. If they are, it is almost impossible to get student loans discharged. If you would like to learn more about options to eliminate your debt, feel free to CALL us at (210) 229-2067 to set up your FREE Initial, no obligation - confidential...
1 lawyer agreed with this answer
4
Attorney answers:
I teach in Texas...if I fail to pay my private student loan can they pull my teaching license?
Dear Private Student Loan, First allow me to say how much we sympathize with your situation. The good news however, is that there are options to explore to resolve your type of problem. The short answer to your question is very likely yes. Even though they are private, there very likely is a clause in the contract that specifically protects the loan as a student loan that makes is almost ineglibile to be discharged even in a bankruptcy proceeding. We would need to review...
1 lawyer agreed with this answer
3
Attorney answers:
Citibank was awarded a judgement against me in civil court because i defaulted on their credit card, can they garnish my wages
Dear Citibank Judgment, The short answer to your question is that it depends on where the underlying contract was signed or if it stated what state will apply for contract disputes. Some states allow wage garnishment. If you do file a chapter 7, you may very likely qualify to do a motion to avoid the judicial lien if it impairs the exemptions the law affords you. If you would like to learn more on your options, we would be glad to visit with you and discuss the details of...
1 person marked this answer as helpful
1
Attorney answers:
If I declare Chapter 7 Bankruptcy in Texas, will I lose my car if I owe money on it?
Hello, Generally no one loses their car in a chapter 7 unless they specifically choose to voluntarily surrender it to the lender in order to legally eliminate any and all debt associated with the car. If the car is paid for, you will simply exempt it under federal law. Finally, if you choose to keep it after filing your chapter 7, you would simply sign what is called a reaffirmation contract whereby you choose to voluntarily continue to pay for it so that you can keep the car and...
1 person marked this answer as helpful
1
Attorney answers:
How soon can one file bankruptcy
Dear Prior Filer, Bankruptcy Law was amended in October of 2005 so there are new guidelines to consider for re-filing. We need to know what chapter you filed in 03 and whether or not you received a discharge. Assuming you filed a chapter 7, you are not eligible to re-file until the same month of 2011 or 8 years after you filed. if you filed a chapter 13 and received a discharge, you may re-file after 2 years. If you filed a chapter 7, you may re-file a chapter 13 after...
1 person marked this answer as helpful
3
Attorney answers:
Being sued by a debt buyer who requests unrealistic settlements.
Dear Defendant, You may have rights to defend on this lawsuit but we need to look at your underlying facts. If Texas law governs your contract (i.e. the terms of the contract stated this or the contract was signed in Texas) then the statute of limitations begins to run after your last payment on said account. If it has been four or more years since you last paid anything on this account then you have an affirmative defense in your lawsuit. Short of an affirmative defense, you may be...
1 person marked this answer as helpful
1
Attorney answers:
What is the minimum time required to own a homestead prior to filing bankruptcy to be able to protect the equity up to $125,000?
Dear Homestead, Your question is tricky for it is one that I would call it's a loaded question. There is no lime limit per se as to what is a homestead under state law. However, since you mention the $125000. limit I assume you are considering protecting your home in a bankruptcy filing. The 125,000. limit does not come from homestead rights, but rather from the bankruptcy law amendments of 2005 (BAPCPA). In order to protect the equity in your home, a person who files BK must...
1 person marked this answer as helpful