Legal Question in Bankruptcy in Texas
Wage Garnishment
I cosigned for a car 10 years ago in Louisiana. I am now being garnished as a resident of Texas. Is this legal?
1 Answer from Attorneys
Re: Wage Garnishment
It is not clear from your message what action is being taken against you. Is the creditor garnishing your wages? your bank account? Regardless, creditors can only garnish (bank accounts or wages) if they have obtained a judgement, which means that you were sued by the creditor, and either lost, or did not respond to the lawsuit. The creditor then becomes a "judgement creditor",that can enforce collection of the debt by several different methods, the most common being garnishment of bank accounts. Irregardless of where the judgement was obtained, it can be collected via this method in Texas. However, Texas does not allow for wage garnishments by any creditors, in-state or out-of-state.
Additionally, if you cosigned on any loan that was not paid in full, you, as the cosigner, are generally responsible for any outstanding balance not paid by the other signer. Presuming this car was repossessed, and there is a deficiency balance owed, then you would be responsible for any unpaid amounts.
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