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Home > Money & Services > Banking   »   What are the bank levy laws in Texas?

 
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Old May 20, 2008, 08:29 AM
Pinkmadness
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What are the bank levy laws in Texas?

I recently had a judgement filed against me for non-payment of an auto loan. Does this entitled them to levy my bank account for the money that is owed to them? Please advise!

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Old May 20, 2008, 02:54 PM   #2  
slowandeasy
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yes I believe they can. Texas does not allow garnsiment of pay checks but gives the creditor the right to levy or "freeze bank accounts" If you got a warrent in debt and did not appear to defend then most likely they got a default judgement which allows them to attach your bank account A judgement is issued by the court
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Old Jun 6, 2008, 04:10 PM   #3  
thebatman
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Only the IRS can levy a bank account in Texas

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ScottGem disagrees: According to Texas law this isn't true. Can you cite any law to backup your statement?
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Old Jun 18, 2008, 05:55 AM   #4  
JudyKayTee
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Quote:
Originally Posted by thebatman
Only the IRS can levy a bank account in Texas


You've now posted this misinformation twice. I realize you work in a bank in Texas that for whatever reason won't honor a levy against an account owner and apparently has not be challenged. However -

Here's Texas law straight from a Texas collection Attorney:

"Now, it's important to understand that once you deposit your paycheck into your bank, it's no longer considered wages. In fact, once it's in your bank, it's fair game and a judgment creditor can have a Writ of Garnishment issued from the Court, which freezes those funds. You have the right to a hearing, but normally the money ends up going to the creditor. If you have checks out on those funds, it's just too bad, the checks bounce. It's a mess.

Therefore, it's not a good idea to have money in a bank account if you have a judgment against you. It could be garnished."
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