Debt Collection
Texas Law

Under Texas law what can the creditor do to collect the deficiency?


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2011-09-13 15:56:22
2011-09-13 15:56:22

In Texas, they take you to court on a judgment in order to collect. Statutes of limitations on debt collection in Texas is four years. Debtors cannot garnish any wages.

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Yes, they can. Under the Fair Debt Collection Practices Act, the creditor can call family members or neighbors in an attempt to collect a debt.

Yes, as long as you qualify under both programs.

A creditor can collect a debt from the surviving spouse under certain circumstances in a community property state. Usually, the debt has to have been accrued during the marriage.

The creditor plaintiff will most likely be awarded a default judgment. The judgment creditor can then enforce the judgment under the conditions of the laws of the state.

Texas under Spain Texas under France Texas under Mexico

No. You can collect under both programs because they are independent of each other.

No, because this is not a qualified quit under conditions that is not the fault of the employee.

If the creditor believes they can collect at least a portion of the debt without pursuing litigation they are very likely to negotiate a settlement. Keep in mind once a BK has been dismissed creditors may use whatever means available under the state laws to collect monies owed; this includes lawsuits and in many cases arbitration action.

Apparently you can under certain circumstances. Check out the Related Link below, under "Does My Job Separation Affect My Benefits" item #2.

If you are in the U.S, a debt collection is considered a part of contract law and therefore governed by the state so the laws are different from state to state. If you have questions, you can contact your state's attorney general's office to see what rights and protections you have under your state laws. Almost all state websites use the URL combination "" for their URL where XX is the actual state two letter abbreviation.

Yes. It's called hindering a secured creditor. Sometimes, depending on the value of the vehicle, it is a state jail felony. It's in the Texas Penal Code under fraud.

The statute of limitation on debt collection is the same in every state of the United States under the FDCPA (Fair Debt Collections Practices Act)/ The Act provided creditors seven years from the date of last payment to collect a debt. In the event the creditor obtains a judgment, he then has ten years to collect the debt. In the event the creditor is unable to satisfy the judgment in that ten years, he may petition the courts for an additional ten years. In essence, a debt can hang over your head for twenty seven years.

Being under a doctor's care may exonerate you if the doctor were to write an excuse. If not, the termination could prevent you from getting benefits.

Texas does not allow wage garnishment for creditor debt in most cases, but has amended the statute to allow for certain exceptions. The state has always allowed garnishment for child support, federal and state back taxes, federal or public funded student loans, and in some cases spousal maintenance (alimony). The law now allows for creditor remedy by garnishment if the debtor does not have sufficient nonexempt property to pay the debt, (such as a bank account or real property) the creditor may petition the court under TX.Code, 63.100 for a wage garnishment. The other exception is, if the debtor is employed by an out-of-state company, the judgment creditor can then garnish the debtor's wages under the company's home state laws.

The creditor is bound by the terms of the Chapter 13 plan. If the creditor doesn't file a proof of claim, then they don't get anything. If they are demanding money, the creditor could be in violation of the automatic stay and you can bring a motion for sanctions.

Under the ground, in an aquifer.

I assume you are asking about repossession. Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the DeficiencyA deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing.In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.

you can collect money at the age of 16, but you will be on a under 18's contract

True. Under the Articles of Confederation the government had no power to collect taxes.

Under Texas law, blackmail falls under the theft statute.

One reason for white under the finger nails is zinc deficiency, a.k.a. hypozincemia.

The duration of Under a Texas Moon - film - is 1.37 hours.

If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.

There are no dating laws in Texas.

They collect coal by coal mines and drilling into the Earth under lots of layers of rocks and soil.

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