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Hello. I hope I am in the right forum. I am currently unemployed and I REALLY need some help regarding my issue. I am currently located in Dallas, TX (Dallas County). I received two letters in the mail today from two local attorneys. The first letter is from Rausch Sturm and the second letter is from Heston Law Firm LLC. The letter from Rausch Sturm has my name, the Creditor (Portfolio Recovery Associates), case# filed with the Dallas Co. court (precinct 1), account balance ($2,954.47) and account #. The letter from RS is dated September 16, 2019. Briefly, the letter says: "Dear <my name>: If you have any concerns regarding the resolution of your account, please let us know by calling......We want to understand your situation and work with you to agree on a reasonable payment arrangement to resolve your account." The back of the letter has the firm's contact info and the amounts needed to setup a payment arrangement. The letter from Rausch Sturm has my name, a Case # filed with the Dallas Co. court (precinct 1), account balance and account #. The letter is dated September 16, 2019. The second letter from Heston states the following: "We learned from the Dallas County Clerk's office that Portfolio Recovery Associates LLC filed a lawsuit against you on 8/26/2019 for an unpaid debt. We want to help you with the lawsuit. Over 95% of our clients never appear in court......" I called the court this morning and a lawsuit was filed, but I cannot see it online. I logged into credit karma and the original creditor is Comenity Bank, account may have been opened around 2014/2015. The statue of limitations in Texas is 4 years. As of right now, I have not been served. I didn't know a lawsuit was filed in the court until today. I have no info regarding a court date or any other court details. Should I seek free legal aid regarding this issue? As stated, I am currently unemployed and looking for a job. There's an option for a low monthly payment plan in the letter, but funds are VERY tight right now. I would hate to have to borrow money from family members because they have their financial obligations also. But, I haven't been served yet so I wanted to be proactive and figure out what my options are at this point. Any assistance would be helpful. ,
The ex-husband was awarded the marital property in the divorce decree. The mortgage deed contains the name of the husband and the wife. The mortgage loan was under the name of the wife ONLY. More than 3 years has past and the ex-husband announced 2 weeks ago that he has built another house in another county and the marital property is about to go through foreclosure. Again, this mortgage loan is in the ex-wife's name ONLY. The collection agency has apparently been searching for the ex-wife but no communication has yet been made. Until two weeks ago, she was not aware that the property was in collections. All correspondences have been to the property address even though it was addressed to her. Nothing was ever given to her to advise of the situation prior to two weeks ago. It is understood that the mortgage company has compiled a large amount of fees and penalties associated with the bad debt. The rumor is that this group of investors buy bad debt, sues for everything they can get from the debtor, forecloses on the property to obtain some insurance policy, and then resale's the property at the market value. The ex-wife would not object to paying off the balance on the loan to save her credit but the collection agency does not want to talk with her unless they get all of her personal information first. The questions needing answered are as follows: 1) What are the laws associated with the Ex-husband not transferring the debt to himself and abandoning the property even though the divorce decree was clear that this was his responsibility? 2) Is there anything more than contempt of court that the ex-husband can be held responsible for? 3) What type of lawyer should the ex-wife hire? 4) Can the new husband be held liable for any of the debt from the previous marriage and this foreclosure process?