Legal Question in Credit and Debt Law in Texas

I live in Texas and have about $50,000 in credit card debt. All of the debt has been sold to debt collectors. One is currently suing me. I filed an answer and don't go to court for a year. I looked into bankruptcy, but honestly don't have the money to file and have some issues regarding "insider payments" where my husband borrowed money from his parents and paid them back. I was advised they could go after his parents if I file for bankruptcy and demand that money back to be split amongst all of my creditors. All of the debt is pre-marriage, not joint. My question is, if I go to court and they get a judgement, what could they do with that? The only asset I have is mineral rights to some land (not homesteaded. don't own the land.). I tried to get the value from a place that buys such rights, but they said the wells were too new and couldn't value it. I am currently unemployed and the $100 well checks each month are my only income.


Asked on 3/22/10, 3:47 pm

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

Here's a little secret: There's not much anyone can do to collect a judgment in Texas. Most of the time, people pay because of the fear factor (the fear of the unknown).

If your only income is $100 per month, then a lawsuit for a debt is the least of your worries.

A judgment can be collected by way of garnishing a bank account, but the creditor probably won't do it.

He COULD garnish the well checks, or do a turnover order. Again, it isn't very likely that he will.

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Answered on 3/27/10, 8:17 pm
Donald McLeaish McLeaish&Associates;, P.C.

Agree with Dunn's reply..and they can't go after anyone's assets i.e. property..except yoours..and it is normally free to talk to a bankruptcy lawyer..so call one..or call us

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Answered on 3/28/10, 4:42 pm


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