How to resolve an old judgment when you can’t find the person to pay.

As an example, let us say you got evicted in 2016 and your landlord got a judgment for $1500 against you. You forgot about the matter because you own your own home. But now you want to sell your house and the title company says you must take care of the judgment before they willContinue reading “How to resolve an old judgment when you can’t find the person to pay.”

Who is Phoenix Recovery Group?

You may have seen an entry on your credit report for something named “Phoenix Recovery Group”. Phoenix Recovery Group is the assumed name for Tolteca Enterprises, Inc. Phoenix Recovery Group is a Texas based debt collector formed in 2002.            They frequently collects debts related to apartment leases. Phoenix reports information on apartment debts to makeContinue reading “Who is Phoenix Recovery Group?”

Landlords must mitigiate damages.

            One of the most common violations of law I see regarding collection of debts related to apartments is a landlord’s failure to mitigate damages. Chapter 91.006 of the Texas Property Code imposes this duty on landlords: Sec. 91.006.  LANDLORD’S DUTY TO MITIGATE DAMAGES.  (a)  A landlord has a duty to mitigate damages if aContinue reading “Landlords must mitigiate damages.”

Terminating a residential lease after burst pipes

The February 2021 cold weather caused frozen pipes to burst in many rented residences. If the damage caused the rental to be “totally unusable for residential purposes”, the tenant may terminate the lease under Chapter 92.054(b) of the Texas Property Code. Chapter 92.054(b) states: If after a casualty loss the rental premises are as aContinue reading “Terminating a residential lease after burst pipes”