Legal Question in Civil Litigation in Texas
I found a disturbing voice-mail message at home today. A creditor that I have never heard of said that they have retained an attorney to represent them in a civil law suit against me in the county I reside. I filed bankruptcy several years ago and have never heard from anyone regarding old debt until now. I did purchase/finance a new vehicle in February of this year. I can only assume that is how they know where I reside? I am apprehensive about returning their call since I've never received correspondence in the mail, but have now received this odd message. With identity theft so prevalent I don't want to call back, but I'm concerned that if it "is" a valid pursuit and I have a civil law suit judgement against me they will garnish my wages.
I guess my main question is: In the State of Texas, can a creditor -- even if represented by an attorney -- garnish my wages if a judgement on their part if won?
Thank you for your time!
Jeff
2 Answers from Attorneys
In Texas wages can only be garnished for non payment of child support. However, bank accounts can be garnished.
It is possible that your debt was discharged in bankruptcy and sold to a collection agency. I
.
If they want to sue you, they are going to have to do more than call you on the telephone.
It is against federal law to attempt to collect a debt that was discharged in bankrupty. Of course if the bankruptcy did not result in a discharge, then that federal law does not apply.
Suggest you contact your bankruptcy attorney with the details of the telephone message.
Based on what you have written, it appears that this voicemail may be just a threating attempt to get you to pay some money. You may want to consider consulting with the law firm who handled your bankruptcy and verify that the account was discharged. Additionally, generally, if the collection company had retained a law firm, the law firm would have notified you in writting and not have the collection company call with a threatening voicemail.
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