[JoFowler]

My question involves judgment recovery in the State of Texas. I received a Writ of Garnishment via certified mail yesterday from an old payday loan (LVNV Funding LLC) that I refused to pay off about two years ago due to their continual unauthorized withdrawals on my account even after we set up a payment plan. It is for about $2,500 and they are mentioning my mortgage company as a Garnishee.

Since my mortgage company was mentioned in the writ, can they take my house over a $2,500 debt? It says "You are hereby notified that certain properties alleged to be owned by you have been garnished. If you claim any rights in such property, you are advised: "You have the right to regain possession of the property by filing a replevy bond. You have the right to see possession of the property by filing with the court a motion to dissolve this writ."

What is involved with filing a replevy bond? Would it be helpful to contact the lawyers who filed this against me and try to pay the amount owed directly to them?

[ScottGem]

A replevy bond basically allows you to regain property that was seized under pending litigation by posting a bond to recover the amount of the debt.

I suggest you look into Texas' homestead laws as I believe it will allow you to exempt your primary residence from seizure over a debt.

In the meantime, you can try to negotiate a settlement with the attorney who filed suit. But don't pay over anything until you have it in writing.

[AK lawyer]

Replevin has to do with seizure of personal property, not real property such as your house.

In theory, they might be able to levy upon your home and sell it to pay the debt, but they would have to pay off the mortgage first. It's not going to happen. It appears that they are mixing apples and oranges and have sent you the wrong writ..