Legal Question in Credit and Debt Law in Texas
Help, they are driving me nuts wanting money!
This all started when my husband had a gambling problem & ran up my credit cards. Then I couldn't pay or afford to file chp. 7. Now, I have one creditor calling me telling me they are going to garnish my wages, liquidate my assets, take money out of my bank and issue a lein & judgement against me.This company has advised me to file bankruptcy also, he keeps asking me to go to my family & friends to barrow the money to pay this debt off, can they do this? How will this stop me from getting a house? I don't own anything to even try to satisfy this debt. What more can they do to me? It has 3 more yrs. then it will be off my credit. Also, what is the difference between charge off, written off, & in collection? This account shows on my TRW 5 different charge off dates, why? Is it to keep it on my report longer?
2 Answers from Attorneys
Re: Help, they are driving me nuts wanting money!
In Texas, wages cannot be garnished. A creditor telling a consumer that his/her wages will be garnished is violating several consumer protection statutes that Texas enacted over the past 20 years.
You should write out a memo each time you have any contact with ANY creditor, and list the date, whom you were speaking with, and a brief description of the conversation. Make a special note if the creditor tells you that your wages will be garnished, or (do this ONLY if the creditor does not have a lien on your house or your car) that your house or car will be seized.
Texas is not that difficult a state for creditors to operate in, but there are some definite rules, which your creditor may have broken.
Your time to complain about this varies from as little as one year from the date of the threat, to two years from the date of the threat. Assume that you have one year in which to sue for this sort of behavior, so that the statute of limitations does not expire (and you cannot sue).
On the issue of getting credit in the future, your credit report is something that a lender will look at in deciding whether to give you a loan, and a bad credit report can cause a lender to decline to loan you money.
Re: Help, they are driving me nuts wanting money!
If you wish to pursue legal action against this creditor, send me an e-mail and I will send you my toll free telephone #.
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