Levy on bank account in texas

mr.yet · Jan 6, 2007, 03:50 AM

First an your husband open a new bank account in his name only.

Second, don't talk to them have them do everything in writing only.

Third, ask them in writing to verifiy the debt, have them produce the original contract you sign. If they cannot produce the original contract then they have no claim.

excon · Jan 6, 2007, 04:02 AM

Hello mrs.

Garnishment is when they take your husbands paycheck directly FROM his employer. Texas (God bless Texas) doesn't allow this.

HOWEVER, attaching your bank account is NOT garnishment, and Texas DOES allow this.

excon

talaniman · Jan 6, 2007, 05:15 AM

Remove your name from your husbands account because they can freeze the money in it, and send your husband through a few changes to get it back.

mrsducs · Jan 7, 2007, 05:42 PM

Thanks to all that answered my question. Here is part two.

I was unlocking my home door to go in and a man called my name and as I turned, he handed me this paper informing me that I have been sued by capitol one bank. I have a certain amount of time to respond either me or my lawyer of which I can't afford. If I could I would have paid my credit card. I don't work. How should I handle this. If I ignore this then a default judgement will be on me what does that mean. Please give me advice.
Thank you again.

Fr_Chuck · Jan 7, 2007, 06:08 PM

A default judgement means that you did not show up and they win just because you did not show up. You need to appear in court and tell the judge what is going on, if you are trying to pay, show them proof, explain, but if you owe it, and have not made a payment plan, they will basically still win the judgement.

Once they have the judgement, they can attach (garnish) any bank accounts in your name, and also garnish any wages once you do start working.

mrsducs · Jan 11, 2007, 07:38 PM

Hello everyone, I contacted the law firm that sued me. Found some things a bit strange one minute they tell me that there is nothing left to do but go to court, however there is no court date on papers I received. Then she tells me that I can make payment arrangements in order to stop the default judgement, giving them the right to put a levy on my bank account unless I move my banking to a federal credit union of which I found out even with court papers they could not touch your account. It is protected or so I am told. I was informed that even with payment arrangements they still put a judgement on your credit report for 12 years. I am a little conflicted because the court papers say I have to pay 3700 and the lawyers office says 4700 should I dispute this? Any advise would be so appreciated. Thank you and have a blessed evening.

Fr_Chuck · Jan 11, 2007, 07:47 PM

Ok, what you have is a collection agency using an attorney who is bluffing and trying to scare you into signing away your rights to a court hearing, and signing away other rights.

What they are also doing is adding high legal fees and other costs.

Depending on how old this debt is, first it could be past the Statue of limitation, and not even collectable. Next if it is old, you should be able to settle a 3700 dollar debt for 2000 or less if you have the money to pay them in full.

I would 1, not really talk to them direct, since they are most likely recording you, trying to make you say something to commit you to oweing them the money.

Next I would if I broke rule one, mention my bankruptcy attorney told me I may not even have to pay it, if I file, they are more willing to settle for less if they think you are going bankrupt and they will get nothing.

Also I would talk to the credit union, since I have not heard that, and honestly though it worked like any other savings account.

So what do YOU want to do, pay them off, make payments, forget the debt and go bankrupt, it is up to you at this point to make a offer or do something,

thebatman · Jun 17, 2008, 05:34 PM

No your bank account cannot have a levy put on it for a credit card debt, I work in this business and your bank account cannot be levied for a credit card debt

JudyKayTee · Jun 18, 2008, 06:53 AM

Quote:

Originally Posted by thebatman

No your bank account cannot have a levy put on it for a credit card debt, I work in this business and your bank account cannot be levied for a credit card debt

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

"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."

What is the source of your info?

Levy on bank account in texas

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