Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   Wage Garnishment (https://www.askmehelpdesk.com/showthread.php?t=217181)

  • May 18, 2008, 11:38 AM
    Alizaeh
    Wage Garnishment
    I had a judgement placed against me for $5000.00 dollars by a neighbor that claims my son damaged his fence and I want to know if I allow it to become a lien on my credit can my wages be garnished from my bank account?
  • May 18, 2008, 11:56 AM
    tickle
    How could he just claim that your son damaged his fence to the tune of $5000. And get a judgment? You two must have gone to court over this. We apparently don't know the whole story.
  • May 18, 2008, 11:56 AM
    tickle
    How could he just claim that your son damaged his fence to the tune of $5000. And get a judgment? You two must have gone to court over this. We apparently don't know the whole story.
  • May 18, 2008, 12:21 PM
    Alizaeh
    We did go to court, how else would there be a judgement issued. I live in Texas, in Dallas County, and I want to know if my wages can be garnished from my bank account to satisfy the lien?

    I don't think I was treated fairly in court and I don't know whether my son damaged his fence or not but it was only 80 pickets and the quote I got from his fence manufacturer was only $540 to repair but he wanted the whole fence to exactly color match so the judgement was to replace the entire fence and the maximum claim amount. I am not going to do that when the judge wouldn't look at my quote on the fence repair and I barely got any speak time, especially when there was no proof that my son did the damage, which was graffiti spray paint.
  • May 18, 2008, 12:45 PM
    ScottGem
    Texas does not permit garnishments for unsecured debt as far as I recall. However, armed with the judgement your neighbor can attach your bank accounts or other assets.

    If you think your were treated unfairly, then appeal the ruling. I can understand the judge ruling for replacement instead of repair, but if there was no proof of your son's complicity, I'm wondering how he got a judgement in his favor.
  • May 18, 2008, 01:10 PM
    Alizaeh
    Quote:

    Originally Posted by ScottGem
    Texas does not permit garnishments for unsecured debt as far as I recall. However, armed with the judgement your neighbor can attach your bank accounts or other assets.

    If you think your were treated unfairly, then appeal the ruling. I can understand the judge ruling for replacement instead of repair, but if there was no proof of your son's complicity, I'm wondering how he got a judgement in his favor.

    What do you mean attach my bank account or other assets? I don't understand what that means, attach them to what?


    I can only speculate as to why I didn't get treated fairly and it would be because I live in a surburb of Dallas where people know people and my mom use to work for this judge and they didn't part on good terms because he thinks of women as a lower being.
  • May 18, 2008, 01:18 PM
    ScottGem
    To attach an asset means to take possession of it. So, if your neighbor knows where your bank accounts are, he can get a writ of attachment from the court and serve it on your bank, which will freeze your account pending transfer to him.

    If your mom use to work for this judge then he should have recused himself as a conflict of interest. I would immediately go to the head judge for small claims court and ask that the judgement be set aside because this judge should not have sat on the case.

  • All times are GMT -7. The time now is 09:10 AM.