Legal Question in Credit and Debt Law in Texas

I have just heard that i am having a civil suit brought against me for an old credit card debt. I live in texas. The debt was accrued under my name, but while i was married, (i am now divorced), can they go after my ex wife for re-imbursement? Also how do i find the date that would be used in a SOL calculation? and one last question. what can the do to recover any judgement?


Asked on 4/22/11, 10:52 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

They won't sue your wife if her name wasn't on the account.

The statute of limitations runs from the date you last paid them or promised to pay; it's four years.

As for what they can do if they get a judgment:

Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that can legally be seized to satisfy a judgment). This means that you may be �served� with a writ of execution after the Plaintiff gets a judgment, but the Sheriff will return it to court �nulla bona� (no good). In other words, he won�t seize any of your property because it�s all exempt.

The plaintiffs in judgment can garnish your bank account if they know where you bank and they believe that you have sufficient funds on deposit. The filing fee for a garnishment is around $300.00; they don't want to hit your bank with a garnishment if you have only $55 in the bank.

The plaintiff will spend about $20 and record an abstract of judgment in the county where you live. This creates a lien on any non-exempt property you own (and you probably DON�T own any); it doesn�t affect your homestead.

99% of all Texans do NOT need to worry if they have a judgment against them. Bill collectors collect their money because of the debtor�s fear of the unknown; they �scare� the money out of you.

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Answered on 4/23/11, 12:46 pm


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