Lien on Your Homestead?

July 5, 2017
In Texas, a person’s homestead is protected from foreclosure on a judgment. The judgment, however, may be filed against you in the County Property Records. The abstract of judgment may “cloud” the title on your home that may prevent you from refinancing or selling it. Partial Release of Lien The Texas Property Code has a way to remove the “cloud” on your home. The law allows you to obtain a partial release of your judgment.
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Auto Loan Lawsuits

June 1, 2017
Debt collectors have begun acquiring deficient accounts from banks and other lenders much like groups that buy up old credit card debts. An auto deficiency account is created when a car is repossessed because a person defaults on their auto loan, the vehicle is then sold, and the amount paid at auction does not cover the balance of the loan. A party bringing a lawsuit for an auto loan deficiency, whether the actual lender or a debt collector, must comply with the Texas Business and Commerce Code in order to prevail.
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Dismissed!

May 24, 2017
Our law firm has had a lot of recent successes including a string of four straight victories for our clients with no settlements or losses! The following four cases have been dismissed: Credit Card Cases from Debt Collectors Portfolio Recovery Associates, LLC v. Client – Bexar County Justice of the Peace #3 - DISMISSED A case for an alleged old credit card debt brought by a debt collector resulted in our client’s case being dismissed.
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Protecting Property and Cash from Judgments

February 10, 2017
Ignoring a credit card or debt lawsuit could have very serious consequences. If you do not answer a lawsuit, debt collectors will obtain a default judgment against you. The amount of the judgment may include the debt, attorney’s fees, court costs, and pre and post-judgment interest. The following is a non-exclusive list of remedies a debt collector can use to recover a judgment. Garnishment A debt collector who receives a judgment against you cannot garnish your wages in Texas.
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Served with Summons: Now What?

December 19, 2016
If you have been properly served with a lawsuit in Texas, the clock is ticking on when you must respond and answer. The guidelines below will help you if you have been sued by a debt collector or your credit card company. Deadline to Respond There are two different deadlines to know if you have been served with a lawsuit. Lawsuits in Smalls Claims Court You have 14 days to respond (file an answer) if you have been sued in a Justice of the Peace Court in Texas and received a summons in person.
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Recording Audio Conversations in Texas

December 9, 2016
{This blog was authored by S. Tyler Rutherford and originally posted at our sibling firm’s website . This will hopefully be helpful if and when you are being harassed by debt collectors.} Face to Face Conversations: In Texas it is legal to record a conversation with another person as long as one party to the conversation is aware that the conversation is being recorded.  This means that you can hit “record” on your smartphone audio app and record a conversation with you and another person (even three, four, five, etc.
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Who the Heck Sued Me?

November 29, 2016
People are often confused by exactly who sued them when they a served with a lawsuit over an unpaid credit card or loan. It is important to hire a skilled debt defense attorney to help you eliminate or reduce your debt. Sued by Credit Card Company or Lender Some individuals are sued directly by the company that issued them a credit card or a loan.  In these cases, you likely know why you are being sued.
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