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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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I live in Texas and l was notified that an attempt was made

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I live in Texas and l was notified that an attempt was made to serve legal documents. When l lost my employment because of illness l spoke to IRS they placed me on non collective status as long as l don't sell the property. Can the courts force me to sell?

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Good morning. It sounds as if you don't know what legal documents are being served. Before you worry about this, you should first accept the service. You don't want to simply ignore this situation; rather, once you get served with these documents, please come back and let me know the issue. We can then address how to deal with what's happening. I doubt this service of process has anything to do with the IRS as this is not typically their modus operandi.

Customer: replied 2 months ago.
Ok . Will l need to pay the fee again?

No...just come back to this thread and we can continue from here under the same fee. :)

Customer: replied 2 months ago.
Let me get the documents first as you suggested. Though this will probably be about a loan l took out in 2012 . When l became ill l was not able keep my job and of money becomes a problem. My question is can the court force me to sale enev though IRS says if l sale the money belongs to them?

Is this your home? Or is this some other property? When did you make your last payment on this loan? Thanks.

Customer: replied 2 months ago.
it is mine. I believe last payment was around May or June of 2014

Thanks for following up. No, the court will not be able to force you to sell your home for a lender. Texas has an unlimited homestead exemption which means that it is exempt from the reach of any creditors such as a lender. This wouldn't apply to the IRS, but it would apply to any lender who simply made a loan to you. :)

Customer: replied 2 months ago.
Ok l will get the documents. May l touch back with ?

Sure...no problem :)

Customer: replied 2 months ago.
Hello Mr. Richard l recived the documents and they are for a Home Depot account that l was not able to continue paying. I am not sure what l need to do.lt states that l should file a written answer to the clerk that issued the citation. What sm l supposed to reply?

Good morning. I would first call the number for the court on the documents and ask them to provide you the form for to file to answer a plaintiff's complaint. Then, you will simply file the form as a "general denial" denying the plaintiff's claim. That will satisfy your filing requirement. Then, before the hearing, call the attorney named on the documents who filed these documents and let them know that you have no assets to pay the debt. Even if they get a judgment, they still must collect it. You want to remember that Texas does not allow wage garnishment and has an unlimited homestead exemption. Furthermore, any retirement accounts are going to be exempt from their reach. They will likely offer you a settlement which works for you. But, if not, don't agree to anything. Whether or not they will even pursue you depends upon their assessment of the collectibility of a judgment. So, if you can convince them there is nothing for them to get, and that if they were to pursue a judgment, you would simply file for bankruptcy protection and get the judgment discharged—and even if you have no intention of doing so, it is still good leverage with them because they do not know whether or not you would… then it is unlikely they will spend the time and money necessary to get a judgment they believe is uncollectible in the end.

Customer: replied 2 months ago.
Hello Mr. Richard. Thank you for the advise you sent me and to apologize if l seemed rude for not responding even with a thank you. l took a bad fall pulling my knee and back. I am beginning to get back on my feet again. I am curious if l file for bankruptcy will IRS continue to keep my account on non collective status? Or would they seize the property.

Good morning. I'm so sorry about your fall...I will certainly keep you in my prayers! A bankruptcy will be completely independent from any action the IRS will take. Your bankruptcy will have no impact on that; if your IRS situation is on non-collective status, a bankruptcy filing should not change that; but, the IRS can act independently although it will likely not do so unless or until your financial situation on the asset/income side were to change dramatically for the better. :)

Customer: replied 2 months ago.
Thank you so much for the advise. I think l will need to go that route since l received a letter from a collection agency in reference to the loan l spoke of in the beginning. Since l have no assets and l don't see myself coming into any monies in the near future l believe this may avoid alot of unnecessary stress. Please advise.

My pleasure. I agree. :)

Customer: replied 2 months ago.
Thank you. Where would l get the forms to file for bankruptcy?

You'll really want to engage counsel to help you with a bankruptcy filing. Given your situation it won't be expensive, but unless you're experienced in filing, it can seem a bit overwhelming. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the schoUnder my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.ol. But, this is not a complicated bankruptcy so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

Customer: replied 2 months ago.
Thank you so much Mr. Richard l will follt your advise. Have a wonderful day!

My pleasure! You too!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer: replied 1 month ago.
Good morning Mr. Richard. Thank you for your advice. I picked up the form as advised but there are three questions l can not understand. I don't want to waste your time with out pay.

Good morning. What are the questions?

Customer: replied 1 month ago.
Specific pleas made under penalty of perjury. Tells me to read civil procedure rule 93.
The other is affirmative defenses abd to read rule 94. Last is request for judgment.

1) Rule 93 requires you to swear under oath regarding certain matters which means that you will need to provide an affidavit. Here are those items:

"RULE 93. CERTAIN PLEAS TO BE VERIFIED A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. 1. That the plaintiff has not legal capacity to sue or that the defendant has not legal capacity to be sued. 2. That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued. 3. That there is another suit pending in this State between the same parties involving the same claim. 4. That there is a defect of parties, plaintiff or defendant. 5. A denial of partnership as alleged in any pleading as to any party to the suit. 6. That any party alleged in any pleading to be a corporation is not incorporated as alleged. 7. Denial of the execution by himself or by his authority of any instrument in writing, upon which any pleading is founded, in whole or in part and charged to have been executed by him or by his authority, and not alleged to be lost or destroyed. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit shall be sufficient if it states that the affiant has reason to believe and does believe that such instrument was not executed by the decedent or by his authority. In the absence of such a sworn plea, the instrument shall be received in evidence as fully proved. 8. A denial of the genuineness of the indorsement or assignment of a written instrument upon which suit is brought by an indorsee or assignee and in the absence of such a sworn plea, the indorsement or assignment thereof shall be held as fully proved. The denial required by this subdivision of the rule may be made upon information and belief. 9. That a written instrument upon which a pleading is founded is without consideration, or that the consideration of the same has failed in whole or in part. 10. A denial of an account which is the foundation of the plaintiff's action, and supported by affidavit. 11. That a contract sued upon is usurious. Unless such plea is filed, no evidence of usurious interest as a defense shall be received. 12. That notice and proof of loss or claim for damage has not been given as alleged. Unless such plea is filed such notice and proof shall be presumed and no evidence to the contrary shall be admitted. A denial of such notice or such proof shall be made specifically and with particularity. 13. In the trial of any case appealed to the court from the Industrial Accident Board the following, if pleaded, shall be presumed to be true as pleaded and have been done and filed in legal time and manner, unless denied by verified pleadings: (a) Notice of injury. (b) Claim for Compensation. (c) Award of the Board. (d) Notice of intention not to abide by the award of the Board. (e) Filing of suit to set aside the award. (f) That the insurance company alleged to have been the carrier of the workers' compensation insurance at the time of the alleged injury was in fact the carrier thereof. (g) That there was good cause for not filing claim with the Industrial Accident Board within the one year period provided by statute. (h) Wage rate. A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may be made on information and belief. Any such denial may be made in original or amended pleadings; but if in amended pleadings the same must be filed not less than seven days before the case proceeds to trial. In case of such denial the things so denied shall not be presumed to be true, and if essential to the case of the party alleging them, must be proved. 14. That a party plaintiff or defendant is not doing business under an assumed name or trade name as alleged. 15. In the trial of any case brought against an automobile insurance company by an insured under the provisions of an insurance policy in force providing protection against uninsured motorists, an allegation that the insured has complied with all the terms of the policy as a condition precedent to bringing the suit shall be presumed to be true unless denied by verified pleadings which may be upon information and belief. 16. Any other matter required by statute to be pleaded under oath."

Here is Rule 94:

RULE 94. AFFIRMATIVE DEFENSES In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Where the suit is on an insurance contract which insures against certain general hazards, but contains other provisions limiting such general liability, the party suing on such contract shall never be required to allege that the loss was not due to a risk or cause coming within any of the exceptions specified in the contract, nor shall the insurer be allowed to raise such issue unless it shall specifically allege that the loss was due to a risk or cause coming within a particular exception to the general liability; provided that nothing herein shall be construed to change the burden of proof on such issue as it now exists."

I'm uncertain regarding your last question.

Customer: replied 1 month ago.
Thank you sir. I hope you received the rating.Have a wonderful day.

My pleasure. You too!