Legal Question in Credit and Debt Law in Texas

They cant sue me....or can they,2

Thank you for your answer Mr.Bradie and Mr. Copeland. The issues is that a credit card that i mistakenly got in college got charged off in 2002. Now this punk of a law firm who threatens me over the phone calls and says pay now or we will garnishee your wages. I tired to compromise, like to pay out over time,and the Thug of a man says..''two options. pay or court. And when we win, your debit triples.(including court cost, etc...) But i need to know for sure if they can garnishee my wages in the state of TX or not. Cause if they cant, i will tell him that i can work it out with him and to stop threating me with that. Im only 25, and i know that i screwed up royaly, but i shouldn't have to be threaten by a Tony Sprano wannabe. ( the firm is in NY )

Again, any help is greatly welcomed and appreciated!!!


Asked on 6/03/04, 12:16 am

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: They cant sue me....or can they,2

Creditors cannot garnish wages in the state of Texas per the Texas constitution. You might also check with the statutory documents section of the Secretary of State to see if this law firm has a debt collector bond posted. Anyone who wishes to collect debts in the State of Texas must post a debt collector's bond with the Secretary of State. The creditor can file suit against you and if they obtain a judgment, they can garnish your bank account. But no garnishment of wages. You can send them a cease and desist letter, telling that, per the Fair Debt Collection Practices Act, to cease any and all communications with you, that you prefer to deal with the original creditor. If they continue to contact you after that, they have violated the FDCPA and you have a cause of action against them. I would not ever negotiate with a collection agency.

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Answered on 6/03/04, 10:39 am
Peter Bradie Bradie, Bradie & Bradie

Re: They cant sue me....or can they,2

See if you can tape-record his threats. It already sounds as if he's in violation of the FDCPA, but without his voice, or a written threat, that's hard to prove.

Then send him a letter, certified mail, telling him all further communications are to be in writing. That should stop the calls.

Wages cannot be garnisheed in Texas save for back taxes, student loans, and child support.

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Answered on 6/03/04, 2:00 pm


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