Archived
I received a Judgement creditor's first set of written discovery letter, it has no amount owed listed anywhere In the paperwork
Brent's answer
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Answered on March 22, 2014
As long as there is a valid judgment, the creditor has broad powers in pursuing discovery. You can request from the opposing counsel or obtain a...
Archived
How can you collect debt that you know is owed to the estate by siblings if the promissory notes are no where to be found now ?
Brent's answer
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Answered on March 22, 2014
The estate may have multiple claims, including breach of fiduciary duties, conversion, fraud, breach of contract, etc. You probably should...
Archived
Fair Debt Practices
Brent's answer
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Answered on March 22, 2014
Unfortunately, you really need to identify the individual and company. It sounds like a scam and you have a FDCPA claim and other possible claims...
How to enforce restrictions in a subdivision bexar county?
Brent's answer
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Answered on March 22, 2014
If you are in a subdivision association, the HOA would normally be the proper party to enforce any restrictions. As a starting point, you may...
Archived
How many days do I have to pay before a contractor puts a lien on my home?
Brent's answer
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Answered on March 22, 2014
If the property is a homestead, the any lien affidavit would be invalid as you and your husband would have both needed to sign a contract with...
Archived
Eviction Notice Delivery Date Question
Brent's answer
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Answered on March 22, 2014
Ideally, you should also send by regular mail with a certificate of mailing and a proof of delivery which does not require the tenant to sign for...
My sister signed a lease on an apartment in Texas, with a move-in date of March 12. The manager told her the apartement would be
Brent's answer
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Answered on March 22, 2014
You need to look at the lease carefully, as it will define when a party is in default under the lease. If the landlord is found to be in material...
Archived
How many days do i have before I must send payment in Texas?
Brent's answer
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Answered on March 22, 2014
The lease/contract should define what constitutes a "default" so there is really no uniform answer. You can always settle after a lawsuit is filed...
Archived
If I was accussed and arrested falsly without any proof at a Walmart store for supposed shoplifting then can I sue Walmart?
Brent's answer
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Answered on March 21, 2014
You may have a claim for false imprisonment. However, watch out of the defense of Shop-Keeper's Privilege (Texas Civil Practices and Remedies...
Archived
Can a creditor pursue debt from a relative of the deceased who was gifted money prior to passing away?
Brent's answer
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Answered on March 21, 2014
It may be challenged as a fraudulent transfer after the fact. Consult a probate attorney and/or estate planning attorney before making any such...
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