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Collections from Landlord - Texas

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  • Collections from Landlord - Texas

    I was in a lease agreement probably eight years ago. We did move and break the lease. There were 2 people on this lease. They have come after me to collect and not the other person. At one point I was summoned by an attorney for deposition for a duces tecum and didn't show. I emailed the attorney and made arrangements at that time. Due to hardships I have not followed through with the arrangements. I have now been served with a show cause notice. I don't know what any of this means. I was told I could get in touch with the attorney to make arrangements again but I am not sure what to do. I don't know why I am the only one they are going after to collect money. With legal fees the amount has gone up a huge amount and don't feel like I should be responsible for this all by myself. Do I go to court on the date or do I contact the attorney to make arrangements? Do I just need to pay this off so it will go away? I am at a loss and don't know what to do. The paperwork says they have started a motion to hold me in contempt for not appearing in the original deposition. Can someone help me? I am in Texas, if that makes a difference.

  • #2
    re: Collections from Landlord - Texas

    I wish to inform you that if debt is 8 years old then you may obtain relief under Statue of Limitations. Further you can be held liable to pay if debt is joint debt. In this any amount paid by you on behalf of other roommate can be collected by you from other room mate. Further you can attend court and if court intends to enforce debt then you can request court for arrangement of debt.

    AFF

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    • #3
      re: Collections from Landlord - Texas

      So i guess my main concern is appearing in court on the date it is scheduled. It is a motion to hold me in contempt. I am not going to get thrown in jail or anything like that right?

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      • #4
        re: Collections from Landlord - Texas

        Originally posted by jmart View Post
        So i guess my main concern is appearing in court on the date it is scheduled. It is a motion to hold me in contempt. I am not going to get thrown in jail or anything like that right?
        You might. A contempt of court motion is to hold you liable for not showing to the deposition at which you were legally required to appear. You'll have to answer for why you didn't show up, and if you don't have a darn good reason for not complying, then it will appear that you have refused to comply. If it's determined that you are refusing to comply, then jail time and/or a fine is a real possibility.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Collections from Landlord - Texas

          Except they can't get a judgment now. The SOL in Texas is 4 years.

          Furthermore, even if they got a judgment, collecting on it in Texas is darn near impossible. They cannot garnish your wages and while they can put a lien on your homestead, if you sell it they must release the lien and wait 6 months to try and collect again.

          Advise them, in writing, return receipt, that the statute has tolled.

          Keep in mind if you pay ONE DIME the statute starts running again.

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