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Anyone been sued in Texas?

Date: Tue, 06/17/2008 - 07:32

Submitted by anonymous
on Tue, 06/17/2008 - 07:32

Posts: 202330 Credits: [Donate]

Total Replies: 3


Given Texas' relatively creditor-unfriendly status, I am curious what would happen if they did sue me, considering I have nothing to give.

So anyone that lives in Texas and received a judgement? If so what were the conditions of the judgement?


Here are TX statutes regarding judgements and some helpful links;

TEXAS STATE LAWS *
http://www.capitol.state.tx.us/statutes/statutes.html

Interest Rate: Legal:6% with agreement can charge up to 18%. w/o agreement - statutory interest of 6% begins to run 30th day after becoming due Judgment:10% Always consult counsel to charge interest - Texas has very onerous usury laws & penalties.

Statute of Limitations
Open Acct:4
Written Contract:4
Domestic Judgment:10

Bad Check Laws (civil penalty): (Renewable) Foreign Judgment:10 (Renewable)

General Garnishment Exemptions: 100% of Wages

Dept Collection Laws
http://www.deanmalone.com/debt_index.htm

Attorney General http://www.oag.state.tx.us/index.shtml

Texas Finance Code http://www.capitol.state.tx.us/statu...#fi004.392.001
Also known as Texas fdcpa
Definitions of creditor, third party collectors, etc.
Bond requirement for third party debt collector
Must respond to dipute in 30 days
Can sue for injunctive relief and actual damages
Entitled to not less than $100 for each violation of chapter

Texas Secretary of State http://txsos-7.sos.state.tx.us/statdoc/index.shtml
To find out if CA is bonded, contact:
Legal Support Unit (512) 475-0775 Fax (512) 475-2815 or mail to
Legal Support Unit
Secretary of State
PO Box 12887
Austin, TX 78711-2887

Statute of Limitations http://www.capitol.state.tx.us/statu...001600toc.html

Judgements http://www.capitol.state.tx.us/statu...003100toc.html

Garnishment http://www.capitol.state.tx.us/statu...006300toc.html
Wages cannot be garnished.

Texas FCRA http://www.capitol.state.tx.us/statu...002000toc.html

Property Code http://www.capitol.state.tx.us/statu...004200toc.html

Exempt Property Under Texas Lawin plain language http://www.13network.com/HUPexemtptwo_new.html

Texas Property Exemptions http://www.texasbankruptcylaw.com/exemptions.html

How To Sue In Small Claims Court http://www.texasbar.com/public/consu...ims.asp#court3
Great info on this site about Small Claims process!

Homestead is exempt property.
Most personal property up to $30,000 single and $60,000 for married couple is exempt.

Texas Bankruptcy Law http://www.texasbankruptcylaw.com/index.html

Texas Legislature Online http://www.capitol.state.tx.us/

Texas Judiciary Online http://www.courts.state.tx.us/

Small Claims Court http://www.capitol.state.tx.us/statu...l#go003.28.003
???? 28.003. Jurisdiction
(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.
(b) An action may not be brought in small claims court by:
(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;
(2) a person primarily engaged in the business of lending money at interest; or
(3) a collection agency or collection agent.
(c) A person may be represented by an attorney in small claims court.
(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.

Texas Credit Laws http://www.occc.state.tx.us/pages/Le...ws/Laws_01.htm
Office of Consumer Credit Commisioner

Search for lawyers:

State Bar of Texas http://www.texasbar.com/public/findlawyer/lawyerref.asp

NACA http://naca.net/db.php3

Business and Commerce Code http://www.capitol.state.tx.us/statutes/bctoc.html

Texas Rules of Evidence http://www.courts.state.tx.us/publicinfo/TRE/Toc.htm

Rules of Judicial Administration http://www.supreme.courts.state.tx.u...JA%20May00.htm

Arbitration: Wiping Out Consumers Rights? Artcle that explains arbitration clauses. http://www.texasbar.com/globals/tbj/oct01/fahmy.asp

Texas Deceptive Trade Practices Act http://www.texasbar.com/public/consu...sumer/dtpa.asp

Summary:
CA cannot sue in Small Claims, but you can sue CA in Small Claims.
SOL for credit cards is 4 years.
CA must be bonded and must respond to dispute in 30 days.
Generous exemptions: homestead, vehicle, personal items, and pets are exempt property (see statute for details).
__________________


lrhall41

Submitted by NASCAR_Devil on Sat, 06/21/2008 - 06:30

( Posts: 4671 | Credits: )