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What do I do for a case of wrongful repossession? Texas. A…

Customer Question
What do I do...

What do I do for a case of wrongful repossession?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A writ of sequestrian and a motion for foreclosure of security interest and authority for sale of sequestered property

Lawyer's Assistant: What's the status of any foreclosure proceedings?

Court is set for today at 11 am I did't get the letter about the hearing until a few days ago

Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
I can file a document right now but I need to know what document to file. I call the attorney that represents the bank to ask to reschedule but they declined to agree.
Answered in 4 minutes by:
8/3/2017
Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,054
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. Section 62.023 of the Civil practice & remedies code in the state of Texas says that you can file a motion to dissolve the writ. Basically, the law allows you to regain possession of the property by filing this motion with the court. They only require that it must be printed in 10-point type. You would probably just put it on a 28 line pleading paper and submit it with the court. The court may call a hearing on the motion and they may dissolve the writ.

Under Section 62.044, if the motion is granted, any action for damages for wrongful sequestration may be filed as a counterclaim. If court’s scheduled for today, my recommendation would be to get on top of it soon.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 1 year ago
When I file the motion should I enter any comment?
Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hi, I haven’t forgotten about you. I’m just wrapping up with another customer and I will be with you shortly.

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Lawyer: Legal Eagle, Lawyer replied 1 year ago

Ok, the answer is yes, you should enter your comment and argue that it's wrongful. Just be sure to put why you feel it is wrongful (i.e. lack of notice; incorrect property, etc.)

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Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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