A credit card company typically seeks credit card judgment after you default on a credit card account. The credit card company does this by filing a lawsuit against you as the debtor in civil court so they can try to get a credit card debt judgment. The credit company is entitled to use any debt … [Read more...]
Is Moss Law Firm Suing You? Here’s What You Should Know
A Consumer Financial Protection Bureau study shows about 70 million Americans struggle with past-due debts. While you can draw consolation from the fact that you aren't alone, having debt in collections can trigger unpleasant consequences, such as harassment by a debt collector. The harassment can … [Read more...]
The Statute of Limitations in Debt Lawsuits
Texas Laws Against Aggressive Debt Collection When it comes to debt collection, consumers have a variety of options to protect themselves against unlawful debt collectors. A 2019 law in Texas strengthened the rights of consumers against debt collection and maintained the state’s short statute of … [Read more...]
What Does It Mean To Get Served A Lawsuit In Texas
The term, “being served,” means that a person has received legal papers, a lawsuit, or a subpoena, detailing a civil case in which that person served must appear. It is required by law that the plaintiff gives the defendant a legal notice before bringing them to court. But why does a person get … [Read more...]
What is a Writ of Garnishment and How Can You Stop It?
From corporate credit cards or small business loans, business debt can be difficult to manage. If it remains unpaid for long, businesses may face a serious problem: garnishment. Bank account garnishment is a legal process that helps a garnishee, often a bank, collect money from a debtor and give it … [Read more...]
8 of the Best Defenses to Creditor Lawsuits
If you're faced with a lawsuit from one or more of your creditors, then you'll want to mount the best possible defense. In this article, we'll discuss what does not constitute a valid legal defense and 8 legally valid defenses that can help you win your case. What is Not an Acceptable Legal … [Read more...]
Bankruptcy: Does Declaring This Discharge Credit Card Debt in Texas?
For consumers who are looking for debt relief, filing for bankruptcy could be the best way to discharge credit card debt and start over with a clean slate. When considering filing for bankruptcy, consumers should decide which type to file based on their specific situation. This article looks at the … [Read more...]
Credit Card Company Sues You: First Steps
Can a credit card company sue you? And what can I do about this legal action? These are questions we get quite often at our law office. Being served with a lawsuit for unpaid credit card debt is a startling and scary experience. Whether you’ve been served by the original creditor (the credit card … [Read more...]
Chapter 7 Pros and Cons: Weigh Your Options Carefully
In my role as a bankruptcy attorney here in Texas, I've helped many individuals dig out from under soul crushing debt. Each client brought a unique story and set of circumstances to the table but many of them also shared similar struggles and fears. Please allow me to tell you about Mr. Whirley. … [Read more...]
Mental Illness’ is not a bar for getting divorce in Texas
Every mentally ill person in the State of Texas has the rights, benefits, responsibilities and privileges guaranteed by the Constitutions and laws of United States and State of Texas. The capacity to divorce is a more complicated matter in several jurisdictions. Texas public policy … [Read more...]
Personal Documents Needed for Texas Divorce
Personal documents needed for a Texas divorce fall into four working buckets: personal records (marriage certificate, IDs, birth certificates), court filing forms (Original Petition, Waiver of Service, Final Decree), financial records (tax returns, bank statements, retirement records), and … [Read more...]
What Is Collaborative Divorce In Texas
Collaborative divorce in Texas is a method of dissolving a marriage where both parties and their attorneys commit to resolving all issues without going to court. Collaborative divorce is governed by the Texas Collaborative Law Act. What Is the Texas Collaborative Act The Texas Collaborative Law Act … [Read more...]
The Role of An Amicus Attorney in a Texas Child Custody Case
An amicus attorney in Texas is a lawyer the court appoints to help the judge protect a child's best interests in a child custody case. The amicus attorney does not represent you, your ex, or your child as a client. Their job is to assist the court by reviewing the facts and advocating for the … [Read more...]
How to Prove Parental Alienation in Texas: A Step-by-Step Guide
Texas law does not use a single statute definition for “parental alienation.” In practice, you usually prove it by showing a repeated pattern of conduct that harms your child’s relationship with you. Helpful evidence can include an incident log, saved communications, witness statements, and expert … [Read more...]
Examples of Parental Alienation: What Texas Parents Need to Know
Parental alienation happens when one parent turns a child against the other parent through manipulation, false statements, or interference with the parent-child relationship. Common examples of parental alienation include badmouthing the other parent, blocking phone calls, denying visitation, using … [Read more...]
The Brunner Test for Student Loans: What Texas Bankruptcy Law Requires
In Texas and most federal courts, the Brunner test is the three-part standard bankruptcy courts use to decide whether repaying covered student loans would cause "undue hardship" under 11 U.S.C. § 523(a)(8). Established in Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d … [Read more...]
Declaring Chapter 13 Bankruptcy: Pros & Cons
Chapter 13 bankruptcy lets Texas wage earners keep their home and car while repaying debts over three to five years through a court-approved plan. The main advantages: asset protection and the automatic stay. The main drawbacks: lengthy commitment, strict budget, and less than half of filers … [Read more...]
Top 8 Bankruptcy Myths That Should Bite The Dust – Once And For All
There is no doubt that declaring bankruptcy is an emotionally difficult step. As a North Texas bankruptcy law firm, we have witnessed time and again how good, hard-working people fall on hard times and get buried under debt they never asked for. A job loss. A medical emergency. A divorce. These … [Read more...]
I Lost My Job—What Happens to Child Support in Texas? A Step‑by‑Step Modification Guide for North Texas Parents
If you lose your job in Texas, your child support does not automatically change. You must keep paying under the current child support order until a judge signs a new one. Act quickly: request a review through the Texas Office of the Attorney General (OAG) or file a modification petition in court. … [Read more...]
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