[mrsducs]

One of my creditors called and informed me that they were going to sue me for the debt I have of 3,700. I don't work and they have informed me that is they sue and they get a default judgement on me that they can put a levy on my bank account of which my husbands income is directly deposited. I live in Houston, tx. I did some research and found that there is an anti-garnish letter that I can submit to prevent such action. I offered to pay monthly but they wanted more than I could give. Any information would be appreciated.

[mr.yet]

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]

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]

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]

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]

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]

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]

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 collectible. 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]

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]

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?

[thebatman]

My source is the Texas Property Code, read it very carefully

[excon]

Hello again, batdude:

In the law, citations are given by chapter and verse. We don't just tell people to look in a law book. If you send me to the correct chapter and I WILL read it very carefully. But, suggesting I read a book to find a law you say is in there, ain't going to work around here.

I'll read your stuff. I AM interested in giving correct law here. But I will NOT go on a wild goose chase. Consequently, until you can provide chapter and verse, you have no credibility.

excon

[JudyKayTee]

My source is the Texas Property Code, read it very carefully

Why would I read the property code? I just posted the law concerning collections/judgments. The Texas Property Code appears to cover exactly what it says - property/real estate in Texas (and, apparently, fire hydrants - ?). Can't see the connection between that and a levy on a bank account.

If you would like to post a specific section which contradicts what I have posted I would be happy to compare it to what I have researched and see where the problem lies.

Otherwise - I stand by my research.

What exactly do you do at the bank?

[thebatman]

The Texas Property Code deal with these matters. I work as a debt negotiator at a credit counseling company. As far as I can tell, no where in there does it say a bank account can be levied because of a credit card deby. I have never seen this happen in TX, other states yes and a lot. But I do know the government can seize bank accounts in TX i.e. the IRS and so forth but that is because of taxes, not credit card debt. I'm not an attorney and I certainly don't pertend to be. If it can be done because of a credit card debt in TX I would like to know how.:)

[JudyKayTee]

The Texas Property Code deal with these matters. I work as a debt negotiator at a credit counseling company. As far as I can tell, no where in there does it say a bank account can be levied because of a credit card deby. I have never seen this happen in TX, other states yes and alot. But I do know the government can seize bank accounts in TX i.e. the IRS and so forth but that is because of taxes, not credit card debt. I'm not an attorney and I certainly don't pertend to be. If it can be done because of a credit card debt in TX I would like to know how.:)

I already posted the info twice - give us the chapter and verse (I'm parroting here) you are relying on that are at odds with the QUOTE I have already posted.

Do you work for a not-for-profit agency or a credit card counselling for profit company?

[austinaggie80]

TEXAS CIVIL PRACTICE & REMEDIES CODE


CHAPTER 63. GARNISHMENT



§ 63.001. GROUNDS. A writ of garnishment is available
If:
(1) an original attachment has been issued;
(2) a plaintiff sues for a debt and makes an affidavit
Stating that:
(A) the debt is just, due, and unpaid;
(B) within the plaintiff's knowledge, the
Defendant does not possess property in Texas subject to execution
Sufficient to satisfy the debt; and
(C) the garnishment is not sought to injure the
Defendant or the garnishee; or
(3) a plaintiff has a valid, subsisting judgment and
Makes an affidavit stating that, within the plaintiff's knowledge,
The defendant does not possess property in Texas subject to
Execution sufficient to satisfy the judgment.

Acts 1985, 69th Leg. ch. 959, § 1, eff. Sept. 1, 1985.

[JudyKayTee]

[QUOTE=austinaggie80]TEXAS CIVIL PRACTICE & REMEDIES CODE




Interesting but this was not the discussion - there is no suggestion that the OP does not own other property in Texas which can be levied.

[krispylady]

Yes it can happen. They can get a judgment against you and they did against me and they took over $1000 from my bank account. Now they are still threatening me. I live in Tx.

[melinda c]

Apparently it can be done in tx they just did it to me. Now I don't know what to do!!