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Can i sue a judgment creditor and their lawyers for harassment in the state of Texas?: Can i sue or press charges to the creditor that obtained the judgment and the attornies if they violate fdcpa or the tdcpa must they follow the same rules this was for unsecured debt

Asked about 5 years ago in Debt Collection

John’s answer: If the judgment was for a "consumer debt" and the judgment creditor is a "collector" which terms are defined in the FDCPA, and I presume, the Texas DTPA, then you might have a cause of action depending upon exactly what it is they did. You don't give enough information here to determine that though. You would be well advised to contact a consumer attorney in your area however.

Answered about 5 years ago.


How long can my lawyer hold my settlement check before i get it?: i settled out of court and the lawyer said he would have my check in a couple of days.its been a week and i call everyday but the lawyer keeps telling me that i cant get my money yet.

Asked about 5 years ago in Debt Settlement

John’s answer: Often times the parties paying settlements don't get the check to the Plaintiff's attorney as quickly as they claimed they would. Your attorney may not have the check yet himself. Or, it could be that the attorney is concerned the check might not be good and he wants to wait for it to clear his trust account before disbursing. You might ask your attorney if he's received the check yet or not and if so if he's waiting for it to clear.

Answered about 5 years ago.


Can a collection agency refuse to update an accurate amount owed to try to get you to pay debt owed 16 years ago.: My taxes were offset to pay off a debt owed to the state, the state has verbally acknowledged the payment but refused to update the information with the collections agency until I pay a debt that they say I incurred in 1995 and 1996. I have no way of knowing if this debt is really mine, and they will not update the report because they know that the other debt can not be reported because of it's aging. I am in the process of purchasing a house and this debt is holding me back. What can I do?

Asked about 5 years ago in Debt Collection

John’s answer: Here is what you do. File a written dispute of the account with the three credit reporting agencies (or whichever of them is reporting this account). The CRAs then have to give the creditor notice of your dispute and the creditor has 30 days to respond. If your dispute is truthful and they respond denying it, then you have an FCRA lawsuit you can file against them. Probably, they would not respond to the CRA, in which case the CRAs would then update your credit report reflecting your dispute as the current status. Good luck.

Answered about 5 years ago.