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Accord Satisfaction and Novation

LAW OFFICES OF SAM EMERICK, P.C. Q- I was sued, but I settled the matter, now the creditor is coming back, wanting more. What can I do? Today’s subject as used by Texas collection attorneys is the defense of accord and satisfaction. Accord and satisfaction is an affirmative defense and rests on a new contract [...]

By | October 17th, 2018|Uncategorized|Comments Off on Accord Satisfaction and Novation

Estoppel Defenses: Part 2

This week we're finishing up a subject relating to different ‘defenses’ available to Defendants in Texas collection cases, and specifically, doctrines known as “estoppel by misrepresentation”, also known as equitable estoppel, and on the other hand, the claim of quasi-estoppel, also known as “estoppel by conduct”. Another equitable theory not often used, but which will [...]

By | November 28th, 2017|Uncategorized|Comments Off on Estoppel Defenses: Part 2

Estoppel Defenses: Part 1

Today’s subject relates to different ‘defenses’ available to Defendants in Texas collection cases, and specifically, doctrines known as “estoppel by misrepresentation”, also known as equitable estoppel, and on the other hand, the claim of quasi-estoppel, also known as “estoppel by conduct”. First, equitable estoppel, contains the following elements: Defendant made a false representation to, or [...]

By | November 16th, 2017|Uncategorized|Comments Off on Estoppel Defenses: Part 1