| Volume 40 Number 4 |
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The People’s Lawyer’s Tip of the Day
In Texas, there is no wage garnishment except for child support, student loans and certain taxes. A debt collector's threat to garnish your wages when he cannot do so, for example for a credit card debt, violates Texas and federal debt collection laws. Click here for more.
Senate Approves More Clunker Cash
After the U.S. House of Representatives overwhelmingly passed additional funding for the "Cash for Clunkers" program, the U.S. Senate approved the program by a vote of 60 to 37. Congress has allocated an additional $2 Billion for the program to continue until funding runs out. However, after the initial buzz has started wearing off, will the program continue to be successful? Click here for more.
Sotomayor Confirmed By Senate
By a vote of 68 to 31, Sonia Sotomayor becomes the first Hispanic woman to serve on the United States Supreme Court. Most Republicans voted against her, citing personal bias and liberal agenda, while democrats praised her as mainstream and moderate. She replaces outgoing Justice David Souter, arguably leaving the political makeup of the Supreme Court unchanged. What can you expect from Justice Sonia Sotomayor? Click here for more.
Texas AG Charges North Texas Travel Club
Texas Attorney General Greg Abbott has charged North Texas Travel Club with using high pressure sales tactics to mislead consumers about its travel services. Consumers were offered free trips and airline tickets, ultimately having to pay high "fees" and taxes to take advantage of the deals. Consumers paid $1,900 to $7,000 to capitalize on the travel deals for "pennies on the dollar." The deals never panned out. Did you do business with North Texas Travel Club? Find out how the AG is fighting for you! Click here for more.
Your Money
How much should I put down for a new home? Click here for more.
For the Lawyers
Lawyers who send debt collection letters should state clearly, prominently and conspicuously that although the letter is from a lawyer, the lawyer is acting solely as a debt collector and not in any legal capacity when sending the letter. The Fifth Circuit noted that the letter was printed on the law firm's letterhead, but it was unsigned. On the back, the letter indicated that it was from a "debt collector" and included the sentence, "At this point in time, no attorney with this firm has personally reviewed the particular circumstances of your account." The court remanded the case, stating that, “Debt collectors acting solely as debt collectors must not send the message that a lawyer is involved, because this deceptively sends the message that the ‘price of poker has gone up.” Click here for more.