Archived
I received a citation (for foreclosure) in the mail on 11/9 that was filed on 11/7 and issued/signed on 11/9.
Gary's answer
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Answered on November 21, 2012
You do not have to get the package to be properly served with a home equity foreclosure action. See an attorney for an explanation of your rights...
Archived
Can I file a small claim in Texas under $10,000 from 2003? My husband owned a business while we were married.
Gary's answer
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Answered on November 21, 2012
I believe this has to be done in family court. You need an action for contempt of the divorce decree. Talk to your divorce attorney.
Archived
If a debt collector mishandles sensitive information containing SSN, DOB, and address, can they be sued and the drop the debt?
Gary's answer
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Answered on November 20, 2012
You may have a claim against them if they disclosed your personal information to someone else. But, the fact that you received someone else's...
Archived
How would I get a loan on a family home when several people own it.
Gary's answer
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Answered on November 20, 2012
It sounds like you have a single tract of land with two houses on it. Is that right? Or is it two separate tracts of land, each with a house on...
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Archived
Can I charge past due interest charges on an invoice in the state of Texas even though it is not stated in the service contract?
Gary's answer
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Answered on November 20, 2012
No. But if you have to sue, you should be able to recover pre-suit interest at the legal rate.
Archived
I submitted CH13 and plan, sent to all the creditors and submitted certificate of service to the court but the court struck it.
Gary's answer
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Answered on November 19, 2012
Even attorneys who do not regularly practice in the eastern district of Texas struggle there sometimes. You have no chance without an attorney. I...
Can my husband's Chapter 13 trustee take the money from my savings account and tax refund? Husband filed Chapter 13 separately.
Gary's answer
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Answered on November 16, 2012
Even if just one spouse files bankruptcy, the bankruptcy code treats you as one household for income, asset, and tax refund purposes unless you are...
I'm trying to refinance my mortgage but the underwriters found a judgement against someone who has the same name. What can I do?
Gary's answer
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Answered on November 16, 2012
As others have suggested, this is normally resolved with an affidavit that you are not the judgment debtor. The title company will normally prepare...
What can be recovered with breach of contract and is it usually done on contingency?
Gary's answer
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Answered on November 15, 2012
In general, breach of contract entitles you to any damages you suffered as a result of the breach. In some cases, you can also get "specific...
Archived
I if a debt collector calls you and you indicate to them not to call or, bother you anymore an they call you back the you back
Gary's answer
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Answered on November 15, 2012
You have to give them written notification that you either refuse to pay the debt or that you wish the debt collector to cease all further...
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