Anyone been sued in Texas?
Date: Tue, 06/17/2008 - 07:32
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
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).
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Wellt hats not small amount of information, lol. In regards t
Wellt hats not small amount of information, lol.
In regards to small claims court, what ramifications would that have since CAs can not sue in small claims? I would assume if they were to atempt to get a judgement it would be a different court.
Depending on the CA(JDB) that is suing, Justice of the Peace cou
Depending on the CA(JDB) that is suing, Justice of the Peace courts have been getting hammered with suits.