Legal Question in Civil Litigation in Texas

In Texas the likely answer is "nothing". That said, there are many exceptions as to what debt collectors can do to seek recovery. 



The first and foremost is the Federal Government and any federal agency to include any loan of any kind guaranteed by federal sources. That means if the federal government holds an interest in the outcome - Uncle Sam can garnish and will garnish. (The state of Texas can also circumvent and garnish wages if you owe them as well, these instances are rare and usually center around child support etc....)



The next is in the area of liens against real property or certain personal properties (rare for personal properties, but there are some cases out there). If you own a house or real estate, the judgment can be attached to your property as a lien. Normally, unless the amount is substantial enough for the creditor, they do not do this in Texas. Our laws are very protective against a person�s home and for small amounts of money the creditor will usually cut his losses. 

American Express however is very tough in the collection arena and are on top of things. AMEX will use all applicable law to collect amounts over $7500.00 up to and including judgment liens on real property. 

Other than that, there is very little if anything a creditor (credit cards) can do to you for simply defaulting on payment.



Texas is known in the nation as the "debtor" state. This is because collections are hard and garnishment of wages is highly unlikely. The creditor can continue to ask the Judge to enforce the judgment. However, I do not know of a case where anyone was jailed for not paying a credit card.



If your employer pays you and the employer is in Texas and the check is a Texas bank then garnishment of your wages is almost impossible. There have been cases where the checks and the corporation were in a state that allowed garnishment and as an employee assigned to Texas - the garnishment stood. This is not a normal occurrence and if I remember correctly the person lived in the other state and charged the debt while a resident of the other state and had only moved to Texas a few months prior. I am assuming this does not pertain to your circumstances.



If you are worried over an issue that is not as cut and dry as - I owe Chase Visa $600.00 and could not pay them now they have a judgment against me and I own no property, am a Texas resident and have no real assets to speak of.... then seek the advice of an attorney. Search your area for one that specializes in Consumer Law. Most lawyers give the first consultation for free. At least that way you will have someone familiar with your case if you do end up needing further advice. If not, at least once you have explained your personal issue - you will have peace of mind that is perfectly suited to your case.



You could also call the Texas Attorney General's Office. It's a free call and there is an entire department that deals with credit and debt collection with respects to your rights as a Texas resident. 

Remember - nothing takes the place of a licensed attorney.

The best advice you can get is to take the time and speak to someone in person or in a secure portal via a virtual law firm online.



Any advice given here is merely public knowledge. I am not a licensed attorney in Texas. I did go to law school there. I do not intend for any shared information here to be considered legal advice or help. I in no way offer or extend or intend or imply any relationship with any person on this website.