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I live in
Texas..being suied for an old sears account by LVNV Funding..can I beat them in court?




I don't think they can garnish your wages in Texas, even if you were to lose.

There are many threads on this site about LVNV Funding. If you type their name in the search box in the upper right corner of the screen, you can read about other people's experiences with them.

Sub: #1 posted on Wed, 07/09/2008 - 07:13

alias1958 alias1958

(Posts: 1230 | Credits: 79.88)

No, but they can certainly attach other assets!

Sub: #2 posted on Wed, 07/09/2008 - 07:36

Unregistered


An old Sears account? How old? As in, when was the last time you made a charge or payment on the account?

Sub: #3 posted on Wed, 07/09/2008 - 16:15

unclewulf unclewulf
Moderators
(Posts: 3173 | Credits: 315.03)

Welcome Fellow Texan! LVNV can be beaten but it will take some effort on your part. If you can, please provide us some more details. SOL in TX is 4 years across the board so if you could provide the Date of last payment and date of first default. If you have not done so already, pull you free credit reports at www.annualcreditreport.com to see how both Sears and LVNV are reporting. Also, see the links at the bottom of my post. Valuable information in the TFC. Were you served and if so how were you served? What came with the summons? Was there a questionaire, interogatories, affadavits, discovery questions that came with the summons? Regardless of what you do, YOU MUST SHOW UP IN COURT or they will win by default. Alias is correct in that they cannot garnish wages but if are awarded a judgement and aggressively pursue it, they can haul you in for a debtors exam. Lets just make sure it doesn't get to that point. Also, here is a list of TX's exemption from judgement as well as several links for State law:

Texas Exemptions

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
A debtor's homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(b).)
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)
Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)


TEXAS STATE LAWS *
http://www. capitol.state.tx.us/statutes/statutes.html

Interest Rate: Legal:6% with agreement can charge up to 18%. w/o agreement - statutory interest of 6% begins to run 30th day after becoming due Judgment:10% Always consult counsel to charge interest - Texas has very onerous usury laws & penalties.

Statute of Limitations
Open Acct:4
Written Contract:4
Domestic Judgment:10

Bad Check Laws (civil penalty): (Renewable) Foreign Judgment:10 (Renewable)

General Garnishment Exemptions: 100% of Wages

Dept Collection Laws
http://www.deanmalone.co m/debt_index.htm

Attorney General http://www.oag.state.tx.us /index.shtml

Texas Finance Code http://www. capitol.state.tx.us/statu...#fi004.392.001
Also known as Texas fdcpa
Definitions of creditor, third party collectors, etc.
Bond requirement for third party debt collector
Must respond to dipute in 30 days
Can sue for injunctive relief and actual damages
Entitled to not less than $100 for each violation of chapter

Texas Secretary of State http://txsos-7 .sos.state.tx.us/statdoc/index.shtml
To find out if CA is bonded, contact:
Legal Support Unit (512) 475-0775 Fax (512) 475-2815 or mail to
Legal Support Unit
Secretary of State
PO Box 12887
Austin, TX 78711-2887

Statute of Limitations http://www. capitol.state.tx.us/statu...001600toc.html

Judgements http://www. capitol.state.tx.us/statu...003100toc.html

Garnishment http://www. capitol.state.tx.us/statu...006300toc.html
Wages cannot be garnished.

Texas FCRA http://www. capitol.state.tx.us/statu...002000toc.html

Property Code http://www. capitol.state.tx.us/statu...004200toc.html

Exempt Property Under Texas Lawin plain language http://www.13netwo rk.com/HUPexemtptwo_new.html

Texas Property Exemptions http://www.texa sbankruptcylaw.com/exemptions.html

How To Sue In Small Claims Court http://www. texasbar.com/public/consu...ims.asp#court3
Great 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 Bankruptcy Law http://www.texasbank ruptcylaw.com/index.html

Texas Legislature Online http://www.capitol.state.tx.us/

Texas Judiciary Online
http://www.courts.state.tx.us/

Small Claims Court http://www. capitol.state.tx.us/statu...l#go003.28.003
???? 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.
(b) 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.
(c) 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 http://www. occc.state.tx.us/pages/Le...ws/Laws_01.htm
Office of Consumer Credit Commisioner

Search for lawyers:

State Bar of Texas http://ww w.texasbar.com/public/findlawyer/lawyerref.asp

NACA http://naca.net/db.php3

Business and Commerce Code http://www.cap itol.state.tx.us/statutes/bctoc.html

Texas Rules of Evidence http://www.c ourts.state.tx.us/publicinfo/TRE/Toc.htm

Rules of Judicial Administration http://www. supreme.courts.state.tx.u...JA%20May00.htm

Arbitration: Wiping Out Consumers Rights? Artcle that explains arbitration clauses. http://www.te xasbar.com/globals/tbj/oct01/fahmy.asp

Texas Deceptive Trade Practices Act http://www. texasbar.com/public/consu...sumer/dtpa.asp

Summary:
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).

Sub: #4 posted on Wed, 07/09/2008 - 16:39

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

OK someone got sneaky and moved this while I was editing my grammer...lol...unclewulf?

Sub: #5 posted on Wed, 07/09/2008 - 16:43

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

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