Protecting Property and Cash from a Judgment

Ignoring a  lawsuit could have very serious consequences. If you do not answer a lawsuit, it will most likely result in a default judgment against you. The amount of the judgment may include the debt, damages, attorney’s fees, court costs, and pre and post-judgment interest.

The following is a non-exclusive list of remedies a debt collector can use to recover a judgment.

Garnishment

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Yes, You Can Carry a Gun in Your Car in Texas

In Texas, it is generally illegal to carry a handgun outside of a person’s own premises. However, a person may carry, either open or concealed, in a non-threatening or alarming manner, a shotgun or rifle. However even with a handgun, in Texas, there are several places where a person may possess a handgun legally without the benefit of a Texas Concealed Handgun License (CHL). These places include:

  • A person’s residence or other real property under their control.
  • A person’s private motor vehicle or watercraft if the handgun is concealed, and the person is legal to possess a firearm, is not a member of a street gang, and is not engaged in the commission of a crime greater than a Class C misdemeanor traffic or boating violation.
  • A person engaged in lawful fishing, hunting, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the persons’ residence or motor vehicle, if the firearm is a type commonly used in the activity.
  • While storing a loaded firearm, it must be in a place which cannot be accessed by a child under the age of 17, or secured with a trigger lock if there is reason to know that a child under 17 may gain access to the firearm.

Served with Summons. Now What?

If you have been properly served with a lawsuit, the clock is ticking on when you must respond and answer. The guidelines below will help you if you have been served with a lawsuit in Texas.

Deadline to Respond

There are two different deadlines to know if you have been served with a lawsuit. This article does not discuss deadlines for alternative services.

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Who the Heck Sued Me?

{This blog was authored by and originally posted at our sibling firm’s website. This will hopefully be helpful if are being sued for an old debt or by a credit card company.}

People are often confused by exactly who sued them when they a served with a lawsuit over an unpaid credit card or loan. It is important to hire a skilled debt defense attorney to help you eliminate or reduce your debt.

Sued by Credit Card Company or Lender

Some individuals are sued directly by the company that issued them a credit card or a loan.  In these cases, you likely know why you are being sued. These companies may include: Continue reading

Recording Audio Conversations in Texas

Face to Face Conversations:

In Texas it is legal to record a conversation with another person as long as one party to the conversation is aware that the conversation is being recorded.  This means that you can hit “record” on your smartphone audio app and record a conversation with you and another person (even three, four, five, etc. persons).  The scheme is outlined in Tex. Penal Code Sect. 16.02. This is the Texas Wiretapping Law and details what is prohibited in electronically recording audio information.  Under this law, you can also give your recording device to someone else in the room, get that persons consent that you are making a recording, and have that person make a recording for you.

Recording Telephone Calls:

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Expunction of Criminal Records in Texas

We have received several phone calls from clients wanting to get records of crimes expunged. An expunction can help you if you have a criminal record and are applying for a job, college, or simply looking for a new home or apartment.

An expunction can clean up a past criminal matter, but the process occurs in civil court.  Here are some things to keep in mind if you are considering an expunction: Continue reading