Legal Question in Civil Litigation in Texas
I have a judgement against me but have not gone to court yet. In fact, I have just received the "Interrogatorries In Aid Of Execution". This is a 10 year old credit card debt totalling approx. 17K , interest included. I am 72 years old and my wife is 65.
I still work and receive social security. I have to retain a job in order to keep my daughter insured and to make ends meet. Can the law firm (Court) attach my wages or my bank account? I have a car which payment's are being made and my wife has
a 2002 vehicle that is paid for.
Thank you for your time
Frank Wanker
2 Answers from Attorneys
It sounds like you have a default judgment against you. This probably happened because you were served and did not appear in court. You may want to hire an attorney to overturn the default judgment and have the matter tried.
The documents you received are questions to help the credit card company execute its judgment against you.
In Texas exempt property, such as a car or a homestead cannot be seized to pay a judgment. Wages cannot be garnished to pay a judgment (except for child support). However a bank account can be garnished. Insurance products, such as life insurance and annuities are exempt property.
If the judgment is against you, your wife's separate property cannot be seized to pay it. However, Texas is a community property state so you would have an interest in your wife's car.
Another option that you should consider is filing bankruptcy to discharge the judgement against you. Call a bankruptcy attorney and bring the Interrogatories and other paperwork you have. Be sure to consult an attorney before you return the interrogatories.
Yes, your bank account can be garnished, and without any notice to you. (You account will just disappear one day.) You need to retain an attorney IMMEDIATELY. I'd be happy to recommend one to you (my firm handles only personal injury cases).