Questions answered by David R. Gibson

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Can they really do that, go before the court and have a warrant issued?

David's answer | Answered on May 04, 2016

This is a scam. Very common. You cannot go to jail under the facts you wrote.

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If a debtor signs an agreed judgment and the creditor agrees to file the agreement with the court but not to abstract it will it

David's answer | Answered on May 04, 2016

Your question calls for speculation as to the state of mind of the creditor. Will it? Who knows. Can it? Of course. Should it? No. If you...

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Is the "as is" contract legally binding to require the buyer to purchase the house at the amount stated inn the contract?

David's answer | Answered on May 01, 2016

The "as is" clause is not necessarily binding and the law in Texas on this issue is quite complex. The answer will depend on the specific...

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How could this judgment be authentic. Residence in my wifes name and judgment in mine, courts attached judgment to our home.

David's answer | Answered on April 21, 2016

Doesn't really matter whether it is legal or not, it is there and it creates a cloud on the title, which is going to make it very difficult to sell...

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Can they garnish my wages to pay this debt?

David's answer | Answered on April 18, 2016

That is not accurate. With rare exception, wages cannot be garnished in Texas. An eviction proceeding is not one of the exceptions.

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If they send me to collections should i be worried on being sued and possibly jailed for refusal to pay?

David's answer | Answered on April 14, 2016

You cannot be jailed for refusal to pay. You can, however, be sued. If you are sued, you will be served with papers by a process server or...

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How or where can I file this lien?

David's answer | Answered on April 08, 2016

You don't file a mechanic's lien on a motor vehicle. The lien is possessory, which means that you are entitled to keep the vehicle until the...

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What do I do when a mover refuses to deliver?

David's answer | Answered on March 23, 2016

What a horrible situation to be in. Your first objective should be to get your belongings. So, you might consider taking a very deep breath and...

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Can a credit card company place a lien on the homestead of an elderly person in the state of Texas?

David's answer | Answered on March 16, 2016

Only if they have obtained a final judgment in which case they can file what is called an "abstract of judgment.". Even then, a lien on a...

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Since he has not taken any further action, would it be simple to contest the lien?

David's answer | Answered on March 14, 2016

Generally speaking a contractor has two years to foreclose on the lien. There are, of course, exceptions. The process to set aside a lien under...

David R. Gibson's Answers (114)

Can they really do that, go before the court and have a warrant issued?

If a debtor signs an agreed judgment and the creditor agrees to file the agreement with the court but not to abstract it will it

Is the "as is" contract legally binding to require the buyer to purchase the house at the amount stated inn the contract?

How could this judgment be authentic. Residence in my wifes name and judgment in mine, courts attached judgment to our home.

Can they garnish my wages to pay this debt?

If they send me to collections should i be worried on being sued and possibly jailed for refusal to pay?

How or where can I file this lien?

What do I do when a mover refuses to deliver?

Can a credit card company place a lien on the homestead of an elderly person in the state of Texas?

Since he has not taken any further action, would it be simple to contest the lien?