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View Full Version : Arbitration and SOL; also freeze spouces bank account?


JAndrew
Apr 2, 2010, 11:55 AM
I have two questions, I live in TX:

1) If a credit card debt goes to arbitration, does a decision by the arbitration restart the SOL?

2) If a credit card debt lawsuit results in a judgement against me, can they freeze my spouse's bank account if my name is not on the account in any manor?

Thank You

Fr_Chuck
Apr 2, 2010, 12:22 PM
For most debts they can not garnish you in Texas.

The case should be dismissed at the first hearing or before if you filed for a dismissal due to SOL. If it is being sent to arbitation, then the court must believe it is within the SOL and you did not properly address this

JAndrew
Apr 2, 2010, 12:28 PM
They cannot garnish, but they can place a freeze over a bank account until the judgement has been satisfied. My question is, if the credit card was in my name only, can they freeze a bank account that is my wife's name only?

The SOL had not been met when the case went to arbitration. My question is, did the SOL restart when it did go to arbitration, or when a decision was met? The date of last activity and the date the case went to arbitration was a one year period. Now I am being sued for the same account and it has been 3.5 years since date of last activity.

Fr_Chuck
Apr 2, 2010, 12:45 PM
Not if the court ordered the arbitation,

As long as you don't put any of your money into her account, they can not freeze hers.

They may freeze joint accounts until she proves what money is hers in it.

And if you attempt fraud by hiding your money in her account, they may also freeze it, if they prove it

JAndrew
Apr 2, 2010, 12:50 PM
The court did not order the arbitration. It was done by the credit card company before it sold the debt to a "debt buyer". Now I am being sued by the debt buyer.

anawhite
Jul 1, 2011, 06:05 PM
Can I put a freeze on my spouse lawsuit, if we r still married and he wants to leave with his money. Leave me stuck after I supported him for 3 pluse yrs. We been married almost 14 yrs