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Leroy Brenardo Scott

Leroy Scott’s Answers

318 total

  • Can I be sued if I can not be served while out of the country?

    I have been living in Thailand for the last 6 months, but maintain an address in Austin Tx. (Travis County) for mail purposes. I received a call from a debt collector attempting to collect a debt from a written off credit card in 2007. They said t...

    Leroy’s Answer

    Can they sue you if they cannot serve you? You need to be served before a judgment can be enter against you. However, if they cannot find you, they can serve you by posting information about the lawsuit in a newspaper a few times. Basically, you can always be served.

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  • Family Dispute on Property! Help!

    In Texas, Person A and Person B are both family members (Father and adult son). If Person A gave Person B money as payment for a service rendered, and Person B used said payment for a purchase (for example, a TV), is the purchase considered as Per...

    Leroy’s Answer

    If payment was for a "service rendered", i.e. Person B already did the service, then the TV clearly belongs to Person B.
    If payment was made BEFORE the service was rendered, I would still say the TV belongs to Person B, but Person B would still be required to person the service he was paid for. I don't think it matters that Persons A and B are family members.

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  • Application for Turnover After Judgment and Appointment of Receiver

    What does this mean in non-lawyer terms?

    Leroy’s Answer

    Non-lawyer terms:
    The court will appoint someone to collect on a judgment by doing pretty much everything you can do:
    e.g., check your mailboxes, take money from your bank accounts, take over your website domain, sell your stuff, take payments due to you by others, etc.

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  • Default judgment $30,000 question.

    I don't have stable address. I've learned this now. Attempted to serve me. Then granted alter time serve dropping complaint at door. A default judgment was entered against me but the judge not this is appeal-able. 1) when judge says its a...

    Leroy’s Answer

    The date of the judgment is probably the most important piece of information in this context, because that date is the date that starts the time to appeal.
    The "appealable" language is there to make extra sure that your time to appeal starts ticking.

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  • How do I have the court system remove this judgment from my credit report being that this is a debt that 7 years old in the TX

    I apply for an apartment. TransUnion credit bureau ran my credit report. Its stated that I owe an old landlord $1,500 from 7 years ago, and thatlandlird filed a judgement against me. I want to know how can I have the court remove the Judgment bein...

    Leroy’s Answer

    • Selected as best answer

    This is what the Fair Credit Reporting Act says:
    If you read the rest of the act (not copied here), you will see that 7 years is more like 7.5 years.

    15 U.S. Code § 1681c - Requirements relating to information contained in consumer reports
    (a) Information excluded from consumer reports. Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information:
    (1) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
    (2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
    (3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
    (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
    (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
    (6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless—
    (A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or
    (B) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.

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  • How long does the other party have to respond to my discovery request

    Request for production of documents - what is the time limit that the other party has to responded to the production of documents? I am requesting tax returns, employment, pay check stubs, etc.

    Leroy’s Answer

    Subject to the day counting rules, and assuming you are in District or County court, 50 days if you are the plaintiff and served the requests with your petition, or 30 days otherwise.

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  • What type of lawsuit can i file?

    I was accused of stealing from a grocery store. The undercover that approached me did not ask for a proof of purchase.he immediately grabbed My wrist and put me in an aggressive type of arm hold and embarrassed me in the entrance of the store. Onc...

    Leroy’s Answer

    It may be more helpful to tell what exactly was said and by whom. When you say "I was accused of stealing", do you mean someone said "You are a thief and you were stealing" (possible defamation claim) or do you mean the act of grabbing you was the accusation of stealing?

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  • How can I stop a garnishment of my wages in Texas, or is it possible without filing bankruptcy?

    I have owed a debt on a vehicle that just quit working on me the week after I got it. The company was not honest in our transaction and basically I got worked over. They would not help me in any way, which I know they don't have to. I even filed a...

    Leroy’s Answer

    It's always helpful to see the documents at issue. While it is true that wages in Texas are protected from garnishment, there are exceptions. Specifically, the law states "Except as otherwise provided by state or federal law". You work for the USPS, which is federal, and so Texas rules may not protect you if this is a federal matter.

    If you are just trying to find another way to pay the debt, you could contact the debt collector and try to set up an arrangement.

    Section 63.004. of the Texas Civil Practice and Remedies Code states: CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.

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  • Looking for an attorney who has experience in cases where the opposing litigant presents all the "tells" malignant narcissist.

    My sense is that a legal strategy focusing on exposing opposing litigant's condition during discovery through questions, implication and gestures by counsel, would elicit responses and behaviors that would lead to a settlement before the case is h...

    Leroy’s Answer

    • Selected as best answer

    If the defendant's mental condition is relevant to the case, you would need the expert testimony of a mental health professional to prove the condition. Your plan of making him mad during the deposition so that he can breakdown, show his narcissistic ways, and then apologize and pay your attorney fees is not likely to work (in my humble opinion).

    The appropriate cause of action against someone for making false statement about you is a defamation claim. If you are not interested in pursuing that claim, your options may even be further limited.

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  • How can I serve divorce papers on my spouse when personal service is not possible?

    I would like to file for a divorce but over time the personal service has not been able to happen. What other options do I have?

    Leroy’s Answer

    OPTION 1: If you have contact with him, he may be willing to complete a waiver of citation. Instead of being served, he signs a paper in front of a notary, which you can file with the court.
    OPTION 2: If you know where he lives, you may ask the court, pursuant to Rule 106 of the Rules of Civil Procedure, to allow alternate service. This will allow the process server to leave the papers at his house.
    OBTION 3: If you don't know where he lives, you may be able to serve him by publication.

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