Someone is sueing me?

[talisman]

I've never heard of anyone having their bank account compromised in Texas due to a credit card default, even after judgement.

[Chopped54]

I've never heard of anyone having their bank account compromised in Texas due to a credit card default, even after judgement.

Never known anyone either, but they can.

Garnishment of your Bank Accounts

With a judgment, the "Judgment creditor" can garnish your bank accounts in Texas to satisfy the judgment. This means that they can get a court to give them permission to empty every cent in your bank account up to the amount of the judgment.

*The judgment creditor is prohibited from garnishing social security benefits. (If a creditor has seized social security benefits from your bank account, you may have a cause of action against the judgment creditor or even the bank).

[Saleen781]

I've never heard of anyone having their bank account compromised in Texas due to a credit card default, even after judgement.

I don't think they can do that either. but they can take money out for a resposessed vehicle (bal after auction + fees)....if it was with the same bank you have your money in.

[Chili]

If it is Midland Funding they have a pretty bad rep. It's a collections agency that buys debt for pennies on the dollar then tries to sue in small clams court. There is a bunch of info about them on the web. Just ask them to produce proof of the debt. They won't have it.

[Chopped54]

I don't think they can do that either. but they can take money out for a resposessed vehicle (bal after auction + fees)....if it was with the same bank you have your money in.

Nope, I assure you they can. Not sure if it is his area of practice, but I am sure Gear Jammer can confirm it.

[Gear_Jammer]

I've never heard of anyone having their bank account compromised in Texas due to a credit card default, even after judgement.

I've done it several times in the past on those types of accounts, but I do it a lot more on commercial debt. I represent 2 divisions of a very large bank that shall remain nameless. They have some consumer credit debt that they hire me to go after. If the dollar amount is high enough, I'll sure as hell garnish any accounts I can find for the debtor. It's the fastest and cheapest way to collect assuming there's money in the account. Otherwise it's all for not. Garnishment is just one of the nasty, yet legal, ways for me to collect money for my clients from deadbeat debtors.

[VaderTT]

I was told Texas was a no garnish state except for child support.

[Gear_Jammer]

I was told Texas was a no garnish state except for child support.

That's only with respect to garnishing your paycheck directly from your employer. Once your paycheck is deposited in your bank account, it's fair game for garnishment. Hence the reason most of my garnishments are filed around the 12th and the 27th of the month. That gives me time to get them filed, have the writ prepared and in the constable's or sheriff's hands so he can serve the bank on the 16th.

[Chopped54]

That's only with respect to garnishing your paycheck directly from your employer. Once your paycheck is deposited in your bank account, it's fair game for garnishment. Hence the reason most of my garnishments are filed around the 12th and the 27th of the month. That gives me time to get them filed, have the writ prepared and in the constable's or sheriff's hands so he can serve the bank on the 16th.

I have heard of judgements getting transferred from your state to the employers if that state allows wage garnishment.

[CJ]

I have heard of judgements getting transferred from your state to the employers if that state allows wage garnishment.

It works the other way around. I can garish people if they enter a state that allows it, but if they move to a state that doesn't then I can't.

[Gear_Jammer]

I have heard of judgements getting transferred from your state to the employers if that state allows wage garnishment.

I've never had that come up before, but I think CJ is correct.

[2011GT]

Probably would've been a good idea to pay your bills... Just sayin

[GE]

The level of legal advice given in this thread is just... I don't know where to begin. (actual counsel excluded, of course )