Legal Question in Credit and Debt Law in Texas
Plaintiff's Original Petition
My wife and I received the citation of the POP this evening for a credit card debt ($8,152.11) that we defaulted on in October 2004. I understand we have 20 days to file an answer. If we let this go to Final Judgment, can they garnish our wages and/or take a lien against our home (which is under a homestead exemption)? Should we consider filing bankruptcy? Thank you.
1 Answer from Attorneys
Re: Plaintiff's Original Petition
They cannot garnish your wages or levy your homestead. They can take a judgement that might far exceed the amount they are suing for. That judgment is on file potentially for 20 years. They can reach your bank accounts and any other assets you might accumulate that are not exempt. Talking to a bankruptcy lawyer is probably a good idea.