Legal Question in Civil Litigation in Texas

Deficiency Lawsuit

I am a disabled senior being sued by a car company for a defiency on a car that was voluntarily returned. If they get a judgement against me will my home be in danger or will they be able to garnish my bank account each month?


Asked on 6/22/09, 12:31 pm

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Deficiency Lawsuit

Let me ask you a question: what kind of government subsistence support are you receiving? The reason for asking is that debts may be handled differently depending on the source of the debtor's income. As for your current situation, the sales contract is what matters. You agreed to purchase the car for a certain amount. If they sell the car, and it doesn't sell for enough to cover the balance of your debt, then you will still owe the balance and, yes, it is possible that your bank account could be garnished. Before it gets to that point, you really have to have all your ducks lined up in a row if you're going to stand a chance at beating the thing. Hope this helps a little.

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Answered on 6/22/09, 1:08 pm


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