Ask Me Help Desk - Texas debt law

Texas debt law

I have a credit card account that I had to stop paying on, maybe 6 months to a year ago. Today my mail lady came up with a certified letter from a process server. I rejected the letter but I am pretty sure that I know what it was. I have a card that I think may be suing me for non payment. I live in Texas and have heard that they can sue me and they can and probably will win, but that is it. That it is not criminal and that there is nothing legally to make me pay. I am worried, I have always paid my bills till last year, which was terrible and still just trying to keep my home, I did not stop paying just for extra money, but because there was and still is none. I have never been in any trouble and the thought of my name being on the naughty list scares the life out of me. What will happen next, what should I expect, any advice would be appreciated. Thanks

Quote:

Originally Posted by tsrgnt

That it is not criminal and that there is nothing legally to make me pay.

Yes its not criminal, but, no, there are legal means to make you pay. You made an agreement whereby the credit card issuer advanced you money that you are legally and morally bound to repay it.

Texas, does not permit garnishment of your salary, but they do allow attachment of bank accounts and maybe other assets. Also, if they get a judgement, it can be enforced for up to 20 years.

Your name on the naughty list? This will go on your credit report and you will live with it for a number of years. I'm rather amazed that you find this humorous.

I'm not sure that running up debts and not paying them isn't criminal - if the cc company takes a position that you KNEW you couldn't pay this could be a criminal matter. This is currently being used in NY when creditors push to be paid.

Expect a Judgment to be taken against you and any assets which are not exempt to be seized or liened.

Here is Texas Law: The Law Blog: Post-Judgment Collection In Texas

I in no way find this humorous, I believe I said "scares the life out of me" I take this very seriously but right now there is no money to pay them, do you know what assests can be seized or liened, or what they can do with bank accounts? I would like to be as prepared as possible.

Texas debt and bank accounts

If I am sued by a cc company for nonpayment of the debt in Texas can they take the money out of bank accounts, and

If one does go to court is there really any chance that you being there will help you, what are your chances of winning, zero, not sure.

Well if you don't show up your chances of losing are 100%, and the odds of them getting everything they want are also 100%. Anything beat those odds. Anything you can get is better than what you get by not showing up.

If you lose they can file for and be granted garnishment of your account and wages and even tax returns.

Other than your name on the naughty list (whatever that means)? I researched and posted Texas law. Did you read it?

Check the link Judy gave you (I always wonder why people ask for information that was in a link offered). As to bank accounts they can seize whatever is there and keep seizing them.

Whether there is money to pay now, like I said a judgment can be hanging over your head for as much as 20 years.

Thank you very much for the info and I am truly sorry to have offended so many with asking

No one is offended - surprised, yes. Offended, no.

This is the second post you have made about debt in Texas. Judy and ScottGem gave you some very good advise. Did you not believe them? They are experts and told you what you asked so my question to you would be are you looking for an answer that you want to hear?

Comment on DownUnder's post

Just as much info as I can find, again sorry for asking, did not mean to waste your time, and if you don't want to help why are you on here.

Comments on this post
tsrgnt : just as much info as I can find, again sorry for asking, did not mean to waste your time, and if you don't want to help why are you on here.

This comment was out of line. You do not dictate who can answer your question or how. It is the guidelines and practice of this site that all follow-up questions be kept in the same thread. This benefits you by keeping all the discussion together. When you start a new thread with the same or similar question it does tend to look like you didn't accept the advice given.

So DownUnder was just advising you of the site rules.

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tsrgnt disagrees
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I have no idea what you are disagreeing with - you are arguing that I AM offended? How would you know how/what I am feeling.

Another case of someone who is trying to get out of paying a debt and is only interested in legal advice that backs up his/her position - no interest at all in the law.

Way out of line where others who answered and I are concerned.

Judy is right on this! Some people will not accept responsbility for their own actions and are only looking for an answer to justify what they want to hear!

Lets settle down here. I agree the OP was a bit flippant and was out of line with his reaction to the advice given. But let's give him a chance to apologize.

Scott, not trying to do your job nor do I WANT your job. He wasn't flippant. OP was insulting and gave me a reddie.

No problem if you think I over reacted to an insult and a reddie but I don't think he was merely flippant.

Flippant is the "naughty list" comment.

Quote:

Originally Posted by JudyKayTee

Scott, not trying to do your job nor do I WANT your job. He wasn't flippant. OP was insulting and gave me a reddie.

No problem if you think I over reacted to an insult and a reddie but I don't think he was merely flippant.

Flippant is the "naughty list" comment.

No, YOU didn't overreact, the OP did. But I think it was more out of frustration and concern for his situation. I'm just giving him the benefit of the doubt. The comments he has received were deserved, I just don't want a pile on until he's had the change to apologize.

Okay. Waiting for him to come back.