Legal Question in Credit and Debt Law in Texas
garnishment of funds
I am in Texas, my bank account has direct deposit from Social Security. Can a debt collector get a court order to seize my bank account? I am on disability.
Asked on 5/10/07, 12:18 pm
2 Answers from Attorneys
Bobby Warren
Patel & Warren, PLLC
Re: garnishment of funds
If the creditor sues on the account and wins a judgment, the creditor may then seek a writ of execution, which is a legal document allowing them to seize certain non-exempt assets.
Regardless of the source of those funds, money in a bank account is generally considered to be non-exempt and may be seized by a creditor with a valid writ of execution as a result of a court's judgment.
Answered on 5/10/07, 12:22 pm
Peter Bradie
Bradie, Bradie & Bradie
Re: garnishment of funds
If Social Security is the only source of funds in the account, it's exempt from being garnisheed.
Answered on 5/10/07, 1:33 pm
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