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Under Texas law what can the creditor do to collect the deficiency?
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∙ 12y ago
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Can creditors contact family members in an attempt to collect debt?
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.
If a person dies with no estate in California can a credito collect from the survaiving spouse?
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.
What can a creditor do to collect a deficiency?
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 "state.XX.us" for their URL where XX is the actual state two letter abbreviation.
Are unemployment benefits affected by collecting Social Security at the same time in Texas?
No. You can collect under both programs because they are independent of each other.
If your bankruptcy was dismissed would the creditor ask for the old amount or the same amount that was set by the court?
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.
In Texas can you quit your job and collect unemployment if your pay is reduced?
Apparently you can under certain circumstances. Check out the Related Link below, under "Does My Job Separation Affect My Benefits" item #2.
Can someone go to jail for not turning in a car that's up for repossession in the state of Texas?
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.
Can you collect unemployment in Texas if you were fired for failing a drug test and you are under a doctors care?
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.
Can Simms Associates garnish your wages if they said they could in Texas?
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.
Can you collect unemployment in Texas if you are on Social Security?
Yes, if you qualify for the unemployment and, for Social Security, the only question then is if it is early or for the full benefits
If i didn't list a creditor on your bankruptcy can they still collect there debt?
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.
What if the bank lends you more money than the car is worth?
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.
