Legal Question in Bankruptcy in Texas

Should i ?

i was sued for 29,000. And lost so i owe this much and i

do not have a job and i have 85.00 from ssi and do not have the money to pay this what should i do?

P.S.

This is a judgment what can the get ?

Thanks

nita


Asked on 6/07/02, 10:46 am

2 Answers from Attorneys

Michael Dover Michael A. Dover, PC

Re: Should i ?

If you do not have the money to pay a judgment, there is not much a creditor in Texas can do. If you were employed, your wages are exempt from garnishment (except in rare situations like back child support). Under Texas law, you are able to exempt your homestead, your vehicle, and most of your personal property (up to a limit of $30,000 for a single person or $60,000 for a member of a family). You may have to put up with some collection activiites (answering written interrogatories, producing documents, testifying at a deposition) but if you truly do not have any non-exempt assets, the creditor will not be able to collect from you.

Bankruptcy would stop the collection activities. Assuming that the judgment is not for fraud, child support payments, intentional conduct, etc., then you can discharge the debt and void the the judgment. If it is important to you to wipe out the judgment and avoid collection activities, then bankruptcy is probably advisable.

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Answered on 6/07/02, 11:06 am
Andrew Nichols Law Office of Andrew B. Nichols

Re: Should i ?

I believe you should file bankruptcy not only for financial relief but for emotional relief. Everyone is entitled and deserves a FRESH START! Read my firm's philosophy. The company that has the judgment will probably get aggressive and continue to serve you with questions you must answer under oath. The good news is that your house and personal property cannot be taken from you under Texas law. Your wages and SSI income cannot be taken from you. However, if the creditor who has the judgment can find your bank account they could attempt to garnish the money that is in the account. Please feel free to contact me personally to discuss your situation. ph. (972) 231-5500 or (800) 303-0720

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Answered on 6/07/02, 6:15 pm


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