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How long to file answer on a lawsuit in Texas?
how do i file an answer to a lawsuit ?
Can your wages be garnished for a vehicle that was repossessed 7 years ago?
A creditor cannot garnish your wages unless they file a lawsuit and obtained a judgment against you. The time deadline to file a lawsuit will vary by state.
When to file an amended answer in a lawsuit in Texas?
You should file an amended answer in a lawsuit in Texas when you need to correct mistakes, provide additional information, or respond to new claims made against you in the lawsuit. It is important to file the amended answer promptly after realizing the need for changes to avoid any potential legal consequences.
Can a creditor file a civil lawsuit against you?
If the creditor has a valid debt and if you are not able to make payments as they come due, the creditor can and probably will file a civil lawsuit against you. Once a creditor realizes that no amount of persuasion out of court will get him anything on the debt, a civil suit is the only recourse to getting paid.
How can creditor collect balance due after auction in Texas?
In Texas, after an auction, if the sale of the property does not cover the total debt owed, the creditor can pursue a deficiency judgment against the borrower for the remaining balance. To do this, the creditor must file a lawsuit within two years of the auction sale. If successful, the court will issue a deficiency judgment, allowing the creditor to collect the remaining balance through wage garnishment, bank levies, or other collection methods. It's important for the creditor to adhere to Texas laws regarding notification and court procedures to ensure the validity of the collection efforts.
How do you file for a judgment for an unpaid promissory note?
The creditor (holder of the note) would need to file a lawsuit in the court of jurisdiction where the debtor(borrower) resides. If the creditor prevails in the suit a judgment will be entered against the borrower. The creditor can then execute the judgment in accordance with the laws of the debtor's state.
What do you do when a creditor in bankruptcy files an adversary proceeding?
An adversary is just a lawsuit. If you don't want the judge to rule against you you need to file an answer.
Can a loan company file a judgment in Texas?
Any creditor who is owed money and for whom the contract has not been honored by the borrower can file for a judgment in Texas and every other state of the US. Whether or not the creditor will receive that judgment is a matter up to the courts, however the judgment typically goes in favor of the creditor.
How long does a creditor have to file a lawsuit on a charge off in California?
In California, a creditor typically has four years from the date of the last payment or activity on the account to file a lawsuit for a charge-off. This period is governed by the statute of limitations for written contracts. It's important for consumers to be aware of this timeframe, as making a payment or acknowledging the debt can reset the statute of limitations.
What can happen in the state of Georgia if a debtor can not afford to pay a judgment?
The creditor can file a civil lawsuit. If the creditor wins, he/she may be able to attach against property or garnish wages until the debt is paid.
Can a collection agency file a judgment on you for credit card debt in Texas?
No. A collection agency has no legal authority. They can refer the account to a collections attorney who can then file a lawsuit for the debt owed. Yes! A collection agency has the right to file a lawsuit as the assigned creditor under the agreement that you signed when applying for the credit card.
Can you still be sued if a credit card company charges off your account?
Yes, a charge off does not prevent a creditor or collector from filing a lawsuit against the debtor to recover debt owed. However, all states have statute of limitations that establish the time period in which a creditor may file a lawsuit.
