Legal Question in Credit and Debt Law in Texas
I sent in a question about credit card law. I had a lawyer call me at work and said if not paid in full they would start actions on me. Can they freeze my bank accounts, put a lean on my property or what other actions can the do?
1 Answer from Attorneys
I'd be very surprised if the person who called you was actually a lawyer.
You can be sued for a debt in Texas, and the creditor can take a judgment against you.
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, 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. You can read about exempt property in chapters 41 and 42 of the Property Code.
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.
They 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.