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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6916
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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A collection agency has filed against my father's passing

Customer Question

A collection agency has filed against my father's passing probate case for $1300 from 15 years ago. How can I stop them in texas?
Submitted: 5 months ago.
Category: Legal
Expert:  Irwin Law replied 5 months ago.

.Even if your fathers probate proceeding were still pending in a Texas Probate Court, I'm relatively certain that the creditor is too late to file a claim at this late date. However, without reviewing the estate proceeding and having all the information available about the debt it's very hard to say what the outcome of the claim will be, if it goes before the probate judge. If you can provide more specific information about the debt and the nature of your father's estate proceeding, i.e. why it is still pending after fifteen years, I might be able to give you more specific information

Customer: replied 5 months ago.
This was a debt I did not charge on a Sears card that I had closed. Portfolio Recovery still tries to collect this old debt and they have filed an abstract of judgment against my father's title on his house.
Customer: replied 5 months ago.
I believe it's the abstract of judgment. My brother said it was there.
Customer: replied 5 months ago.
How do I file a release of abstract of judgment in texas?
Customer: replied 5 months ago.
I'd like to cancel this service now.
Expert:  Irwin Law replied 5 months ago.

I don't understand why the lien is against your father since you say the card was a Sears card that you closed. In situation like yours, dates are critical. An abstract of judgment would indicate that a court enter judgment against your father or his estate at some point in time. That judgment became a lien on any real estate that he owns in the County. There is no way that he or his estate can sell the property without satisfying that lien. You cannot release the judgment lien yourself. Only the creditor can do that, so you must be prepared to make a deal with them.

Customer: replied 5 months ago.
You cannot answer my questions adequately