Anonymous Posted February 28, 2003 Report Share Posted February 28, 2003 Thought I would post some useful info for people in Texas that I have found during my Research. The only thing I have not been able to find are the exact statutes that govern suits brought by collection agencies. If anyone has link to that info please post it. I would encourage others to post info for their states. Admin, please feel free to add this to Read Before You Post section if that is possible.Attorney General Texas Finance CodeAlso known as Texas FDCPADefinitions of creditor, third party collectors, etc.Bond requirement for third party debt collectorMust respond to dipute in 30 daysCan sue for injunctive relief and actual damagesEntitled to not less than $100 for each violation of chapterTexas Secretary of State To find out if CA is bonded, contact:Legal Support Unit (512) 475-0775 Fax (512) 475-2815 or mail to[TAB]Legal Support Unit[TAB]Secretary of State[TAB]PO Box 12887[TAB]Austin, TX 78711-2887Statute of LimitationsJudgementsGarnishmentWages cannot be garnished.Property CodeHomestead and personal property exemptionsExempt Property Under Texas Lawin plain languageTexas Property ExemptionsHow To Sue In Small Claims CourtGreat info on this site about Small Claims process! Homestead is exempt property.Most personal property up to $30,000 single and $60,000 for married couple is exempt.Texas StatutesTexas Bankruptcy LawTexas Legislature OnlineTexas Judiciary OnlineSmall Claims Court§ 28.003. Jurisdiction(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.( An action may not be brought in small claims court by:(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;(2) a person primarily engaged in the business of lending money at interest; or(3) a collection agency or collection agent.© A person may be represented by an attorney in small claims court.(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.Texas Credit Laws[TAB]Office of Consumer Credit CommisionerSearch for lawyers:[TAB]State Bar of TexasNACABusiness and Commerce CodeTexas Rules of EvidenceRules of Judicial AdministrationArbitration: Wiping Out Consumers Rights?Artcle that explains arbitration clauses.Texas Deceptive Trade Practices ActSummary:CA cannot sue in Small Claims, but you can sue CA in Small Claims.SOL for credit cards is 4 years.CA must be bonded and must respond to dispute in 30 days.Generous exemptions: homestead, vehicle, personal items, and pets are exempt property (see statute for details). Link to comment Share on other sites More sharing options...
IronMan Posted February 28, 2003 Report Share Posted February 28, 2003 I HAVE A SUSPICIOUS FEELING THAT YOU WON'T FIND ANYTHING ABOUT SUITS FROM COLLECTION AGENCIES OR THEIR ATTYS§ 28.003. Jurisdiction(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000.( An action may not be brought in small claims court by:(1) an assignee of the claim or other person seeking to bring an action on an assigned claim;(2) a person primarily engaged in the business of lending money at interest; or(3) a collection agency or collection agent.© A person may be represented by an attorney in small claims court.(d) This section does not prevent a legal heir from bringing an action on a claim or account otherwise within the jurisdiction of the court.CHEERS! [Edit by IronMan on Friday, February 28, 2003 @ 12:37 AM] Link to comment Share on other sites More sharing options...
IronMan Posted February 28, 2003 Report Share Posted February 28, 2003 If we wanted to cover info for specific states, the site would have to be chunked up into different discussion boards for each state.Good idea. I've thought about that myself. Just too much time and the posts get buried.Cheers! Link to comment Share on other sites More sharing options...
Anonymous Posted February 28, 2003 Author Report Share Posted February 28, 2003 Thanks for the reply. I didn't mean to suggest splitting up the site, just thought this info would be useful for new members. When I started I had no idea where to look for these things and it took a while to track down the info. But, you have a good point. It would probably end up a big mess trying to organize info for individual states. Thats why I thought maybe it could be put in Read Before You Post Section. [Edit by kenrb01 on Friday, February 28, 2003 @ 04:44 AM] Link to comment Share on other sites More sharing options...
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