Legal Question in Bankruptcy in Texas

Liens for past due credit card debt?
Can a credit card company employ a lawyer to recover past due consumer debt? I owe them about 13,000 and am currently finalizing a divorce. I need to file bankruptcy to discharge this debt. Can they garnish my wages, take my paid for car, take my 401k, or any other assets? I suspect this may be fraud. Please respond.
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Asked on 11/18/03, 5:13 pm

2 Answers from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

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Re: Liens for past due credit card debt?

No creditor (other than perhaps the IRS) can garnish wages, or lien assets unless they first obtain a judgement in a court of law. You would have an opportunity to appear in court and defend yourself. Even after a creditor gets a judgement against you much of your assets are free from seizure. Your 401K, your house, your car cannot be seized. You are probably being harassed by a bill collector who is telling you a bunch of LIES about what he is capable of doing. Unless this bill collector files suit against you I believe you have very little to worry about. You could definitely benefit from filing a bankruptcy and wiping out this debt and any other debts. PLEASE READ MY FIRM PHILOSOPHY! I believe bankruptcy serves a valuable purpose. It gives people a fresh start to begin again. Please call me to discuss your situation in more detail. ph. (214) 637-0713 or (800) 303-0720

Answered on 11/20/03, 10:36 am

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