Charged off debt means an account is closed to future charges, but a creditor may still attempt to collect the debt and may still be able to file a lawsuit.
What is the Fair Debt Collection Practices Act (FDCPA)? The Fair Debt Collection Practices Act is a federal law enacted to “eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect […]
Non Compete Agreements Are Non-Compete Agreements Enforceable in Texas? Contrary to some popular opinion, non-compete agreements are enforceable in Texas. While Texas courts generally are not eager to restrain competition, non-compete agreements are authorized by statute, and Texas courts will enforce properly drafted and tailored agreements. Whether you are a business owner in need of […]
There are many benefits provided by forming a Limited Liability Company.
Common Post-Judgment Collection Tactics by Creditors Below are a list of common tactics used by judgment creditors to collect on judgments in Texas. Post-Judgment Discovery: discovery is a means of obtaining information. Creditors will often send post-judgment discovery requests (which require written responses from the judgment debtor) or seek a post-judgment deposition to ask a […]
What is the Statute of Limitations for a Debt Lawsuit? The statute of limitations (deadline to file a lawsuit) for a creditor or debt buyer to file suit on a debt generally fall under the four year statute of limitations. The larger question is when does the statute of limitations begin to run? Debt cases […]
What is a Judgment Nihil Dicit? A judgment Nihil Dicit can be granted by a court when a defendant does not file a general denial or adequately contest the Plaintiff’s lawsuit in the Defendant’s answer to the suit. Nihil Dicit is a Latin term that means “he said nothing.” Essentially, the court can make a […]
Deadline to Answer a Lawsuit in Texas If you are served with a lawsuit in Texas, you are required to file a timely written answer to the lawsuit with the court, or the Plaintiff may seek a default judgment against you. There are different deadlines for filing your answer depending on whether you were sued […]