Pamela Stewart, Attorney at Law

Debt in Bankruptcy

by Pamela Stewart, Attorney at Law

When I ask a client how much credit card debt he or she has, I often get a confused look followed by: ” Do you mean just the debt I want to include in my bankruptcy?” or “Do you mean just the debt I am behind on?” or something similar.    No, what I mean is [...]

Bank refuses to break $100 bill into smaller bills!

by Pamela Stewart, Attorney at Law

Unless you are a customer of the bank, Houston bank First Bank in Houston refuses to break a $100.00 bill into smaller bills. My son experienced this recently when he needed to pay someone in exact cash and only had a $100.00 bill. What are banks thinking?  I could understand if it was a check, [...]

If you don’t understand the difference between an escrow shortage and an escrow deficiency – you are not alone.  Many attorneys even get this confused. Regulation X defines a deficiency as the “amount of a negative balance in an escrow account.” This happens when a mortgage servicer has advanced funds to cover disbursements (such as [...]

If I don't pay my debt, can I go to jail in Texas?

by Pamela Stewart, Attorney at Law

NO!  Despite what a bill collector may tell you.  You will not be arrested or placed in jail for non-payment of a debt.  If a debt collector tells you that you can be, contact a lawyer immediately as that bill collector has violated the Fair Debt Collection Practices Act (FDCPA).

Yes, if a judgment has been obtained.  The judgment creditor can request the court to issue a garnishment writ.  The judgment creditor can garnish your bank accounts, savings accounts and any non-exempt personal property of  yours held by a third party.  While wages may not be garnishable in Texas, your wages lose their character of wages [...]

Can a Debt Collector Get a Copy of My Credit Report?

by Pamela Stewart, Attorney at Law

The answer is yes.  Under the federal Fair Credit Report Act (FCRA), a credit bureau may furnish a credit report on a consumer in connection with the collection of a debt.