Legal Question in Bankruptcy in Texas

My husband and I live in TX, in January he suffered a Heart Attack and didnt have insurance. He has been unemployed and we are barely making it with one income. We own a home, the creditors are calling and wanting payment that I cant make. They are now sending us to court for payment what can they do? I am still making payments on our home, can they place a lien on the property? Should we file for bankruptcy?


Asked on 7/29/10, 1:33 pm

2 Answers from Attorneys

Robert DeMarco DeMarco-Mitchell, PLLC

The creditor has a right to recover a judgment against you. Once they have a judgment, they may record an abstract of judgment on your home (a lien). They cannot sell the house, as it is exempt under Texas law. However, if at some juncture it is no longer exempt they will be able to recover the amount of judgment plus interest. The recording of the abstract does not prevent you from selling it, but the lien does not simply disapear.

The creditor will also have the right to garnish your bank accounts and bring you into court for judgment debtor examinations.

The creditor cannot garnish your wages (student loans and child support are exceptions).

Depending upon the amount of the debt you may wish to consider filing bankruptcy. If you have further questions or concerns please feel to give me a call or visit the website.

bob

Read more
Answered on 8/03/10, 1:51 pm
Andrew Nichols Law Office of Andrew B. Nichols

Based on your husband's medical condition it might be wise to strongly consider filing bankruptcy. If you can continue to make your house payment but cannot pay the credit cards and other types of creditors than you would qualify to file for chapter 7 and have your debts discharged (forgiven by law). If you took this step the creditors could not take any action against you and if you filed the case soon you would be able to prevent them for filing a lien against your home. www.northtexasdebtfreedom.com

Read more
Answered on 8/03/10, 4:40 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Texas