Legal Question in Credit and Debt Law in Texas
I am being sued for a repo from 3 years ago. What legal action can they take against me? They want to take me to court. I no longer have the vehicle, they sold it in a private action and are billing me for the balance of $5000+. I was not working at the time and was in nursing school. At this time I'm expecting in a couple months and have to take personal leave. I won't be able to pay them. I'm in Needville, Texas and think I am going to need a lawyer.
1 Answer from Attorneys
You should consult a lawyer, but they are probably entitled to a judgment against you.
They then will try to COLLECT the judgment, which is another matter entirely.
Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that isn't exempt from seizure). This means that you may be �served� with a writ of execution that the Sheriff will return �nulla bona� (no good).
They 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 yo probably DON�T own any); it doesn�t affect your homestead.
90% of all Texans do NOT need to worry if they have a judgment against them. These bill collectors collect their money based on the debtor�s fear of the unknown.
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