Legal Question in Credit and Debt Law in Texas

Outstanding Military Debt

My husband was in the military and due to unforeseen circumstances was forced to take out a loan with the NMRS. As well as what is said to be Un-earned Leave. Included in this debt is overpayment of a DITY move. All in all this debt is now $5000.00. I have had a collection agency calling me saying that they work for the Treasury Dept and want me to pay $200.00 a month to satisfy this debt and that if I don't, they will freeze my bank accounts and or garnish my husbands wages. I have contacted DFAS, who says that they can't give me any information because all the debt is now with the collection company. I offered to pay the collection company $100.00 a month, but they refuse to accept that amount. I have two small children. One who is 4 months and we live on one income. Is what they are telling me correct in regard to my husbands wages and bank account? Why won't they accept my payment arrangement? What can I do to protect my family?


Asked on 11/21/04, 10:44 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Outstanding Military Debt

They can't garnishee your husband's wages in Texas. They can freeze your bank account before taking judgment, although that's unusual because they have to put up a substantial bond when they file suit and ask for a pre-judgment garnishment.

The only payment a creditor must accept is payment for the full amount due.

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Answered on 11/22/04, 10:07 am


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