• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

running out of time!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

babegirl

Junior Member
What is the name of your state (only U.S. law)?
Texas
My boyfriend had a 5 car pile up 7 years ago and struck the vehicle in front of him.She sued him AFTER his insurance settled with her claiming she could no longer work(though she never went to the hospital at all).He did not have the money to hire an atty,and was working 12 hour shifts 7 days a week(yea,some people work even after they have been struck in a car wreck!),so he foolishly didnt show for court and she won a lien against him for $25,000.00.
He is now attempting to purchase his home BEFORE the bank forecloses on the landlord.He is told his paperwork(guaranteed VA loan)has been held up at the underwriters becuose he needs to clear up the lein and show some payments on it.He spoke to the ladys atty today and he said he would see if $2,000.00 down and $200.00 month payments would be acceptable(His suggestion) for her.my boyfriend explained that he doesnt really have $2,000.00 to put down.Also, I have been unable to work as i have been in another town getting treated for breast cancer and he has had to support me for the past year.(I am just finishing radiation).He is at his wits end and will probably agree to whatever he can get so that we are not thrown out on the streets come January 1st.Most attorneys are out of office the next few days....help please?
 


babegirl

Junior Member
my question was if it had to be paid...and wether those terms were reasonable. And he did not tell anything to anybody,they told him they found it before closing on his credit.
 

babegirl

Junior Member
thank you for the advice...i assumed we were stuck behind a rock and a hard place,and it sounds as though we truly are! Just wanted a proffesional opinion.Also,what happens if he does not pay later on down the line?
 

babegirl

Junior Member
is it true that only "certain" things can be considered "his stuff" for them to take? If so,could they take the house??
 

seniorjudge

Senior Member
oh great...any more advice?
Pay the judgment off.

Have your friend get half the amount owed in cash; after seven years, they may be willing to settle for that.

Just a thought.

If they agree, make sure he gets a satisfaction of judgment in writing and file it with the court and file it in the land deed records.
 
OP,

The creditor can not take a homestead in Texas; the lien has to be paid, however, if that homestead is ever sold.

However, as your BF has experienced, its likely that he will never get a loan for property if there is an outstanding judgment.

His wages can not be garnished, but a bank account can be seized.

He's going to have to make arrangements to pay the judgment. Get any settlement in writing, so there is no confusion as to what the terms are.

Good luck ...
 

babegirl

Junior Member
Thank you for adding your advice here(Texas Pooh).Im aware that EVERYBODY has troubles,but with the whole cancer thing this is really tough for us(no money tree in our back yard) and we were both starting our lives over when we met! We need to make sure we dont make a mistake with this as it WILL put us on the streets if we do....your advice and information is MUCH appreciated! God Bless.
 

CourtClerk

Senior Member
I know this is going to sound very crass, however, your boyfriend has no legal obligation to support you, therefore whatever money he is putting into supporting you needs to go towards his legal obligations.

In general, people can do whatever they want with their money so long as their LEGAL obligations are taken care of. When you have LEGAL obligations, the extras need to go so that the LEGALS can be taken care of. If they take him to court and start seizing assets, he's going to get no sympathy from a court or the judgment creditor by saying he's supporting his girlfriend (even if she is ill and receiving medical treatment).
 

babegirl

Junior Member
It does sound crass,but i also recognize that it is also just true...If only life were so perfect that we could have planned for this to happen to us...but we did not,and i am very happy that i have a man that truly loves me and has stuck by my side through chemo,no hair,a missing breast and 2 months without me home during my radaition (during all the holidays) at the ONLY ONE POINT in my life that i have not been able to work since the age of 14.I am not expecting sympathy here...I know that this is his responsability to handle this legal matter,i juts want to make sure that we dont foul up the handling of it and pay the price forever.Cancer is life-changing and whatever happens here I will hope that we have "our day"..."Someday".But all of that is personal ,and i do recognize that nobody owes us a break here,I only want to know how to best handle it,since neither of us knew what best to do...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top