Legal Question in Credit and Debt Law in Texas
I just recveived a default judgement. I have almost half of what I owe the cridtor on hand. I can pay it but then I will not be able to pay the other half in one lump sum and I cannot agree to any payments because my husband's and my employment is sketchy right now (we are still in an economic recession and we have both had to start 2 or 3 new jobs each over the last year because of it, among being unemployed for weeks at a time at a couple points).
Can I just give them what I can when I can?
1 Answer from Attorneys
A better idea: Write them a letter (paper letter - don't use email or telephone) and tell them that you can come up with $X in the next ten days, and you'd be willing to pay that amount to them IN FULL SETTLEMENT OF THE JUDGMENT. Don't discuss with them where the money came from.
If they don't take the offer, don't pay them.
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.
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.
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What be taken from me from a judgment again me from a credit card? Asked 5/19/11, 7:01 pm in United States Texas Credit, Debt and Collections Law