Legal Question in Consumer Law in Texas

I received a letter from a bank pertaining to a judgement filed in 1990. It was a business loan which was unpaid. The letter states their intention to subpoena me to provide financial documents and assets in order to satisfy the judgement. What can they legally seize from me? At present time, I am unemployed and have a joint checking account with my spouse. This debt occurred prior to our marriage. Thank you.


Asked on 3/13/10, 9:21 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Unless the judgment was "renewed" every ten years (since 1990), it has become "dormant" and is uncollectible.

I'd bet money that the judgment is dormant, and they're bluffing. Tell them I said so.

The only way to find out for sure if the judgment is still "alive" would be to look in the court's file to see if the creditor in judgment swore out a writ of execution every ten years.

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Answered on 3/19/10, 10:09 am


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