texas default judgement

[joe l jenkins]

Texas
I have recieved notice that I am being sued for default on a credit card.
If this judgement is granted by the court can my bank account be
attached?
I am not working and my only income is my early retirement check from
social security.What is the name of your state (only U.S. law)?

[dmalone]

They should not be able to touch any of your bank accounts.

The laws in Texas are very pro-consumer when it comes to this.

There are three instances in which your wages, bank-accounts, etc... can be taken: Child-support payments , federally-backed student loans, and payments to the IRS.

[Wirelessany1]

Originally Posted by joe l jenkins

Texas
I have recieved notice that I am being sued for default on a credit card.
If this judgement is granted by the court can my bank account be
attached?
I am not working and my only income is my early retirement check from
social security.What is the name of your state (only U.S. law)?

Yes it can.

[JETX]

Originally Posted by joe l jenkins

If this judgement is granted by the court can my bank account be attached?

Ignore 'dmalone'.... he is NOT correct.
Yes, your bank account can be seized. It would then be up to YOU to file a motion and show up in court asserting an exemption for the SS funds.

[blove29]

In Texas they can go after your bank account but they cannot garnish your wages for a CC judgement.


File a motion to talk to the courts. Tell them it was a unsecured credit card and was advertised as such. The CC company is trying to get security on the debt and therefore would not be an unsecured CC.

Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

[Wirelessany1]

Originally Posted by blove29

In Texas they can go after your bank account but they cannot garnish your wages for a CC judgement.


File a motion to talk to the courts. Tell them it was a unsecured credit card and was advertised as such. The CC company is trying to get security on the debt and therefore would not be an unsecured CC.

Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

hung pile of cow dung. blove, you can't even manage to pay your own bills, please don't give bad advice ~ it stinks so bad, I can smell it from here.

[JETX]

Originally Posted by blove29

In Texas they can go after your bank account but they cannot garnish your wages for a CC judgement.


File a motion to talk to the courts. Tell them it was a unsecured credit card and was advertised as such. The CC company is trying to get security on the debt and therefore would not be an unsecured CC.

Credit card loans are made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

Absolutely NOTHING is correct in this random drooliings....

[SolaireSolstice]

Originally Posted by blove29

In Texas they can go after your bank account but they cannot garnish your wages for a CC judgement.

THAT part is correct.

[url=http://www.fair-debt-collection.com/state-wage-garnishments.html]State wage garnishment and attachment rules[/url]

"44. Texas Wage Garnishment

Wages cannot be attached or garnished, except for child support.

Income that is not a wage can be garnished or ordered turned over to a receiver.

Bank accounts, rents and royalties can be garnished.

Exemptions include social security benefits.

WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully."