Judgement from Citibank

[cbmath]

What is the name of your state? Texas

Citibank just won a judgement against me for about 21k. From what I am told the only thing they can do to me is try to garnish my bank account. My questoin is, can they put a lein on my house? Go after my spouse? I am told that my house is exempt if it homesteaded(which it is) so if I sell it, I can use the equity to purchase another house. I just want to double check that. Also, If I file bankruptcy myself and leave my wife out, can the debtors come after her? Any advice would be appreciated.

[Debt Guy]

Texas is a community property state. That means your wife is liable for the debt if it was acquired during the marriage.

You are right that wages cannot be ganished and Texas exempts your home from attachment.

Your bank account is subject to garnishment and any non-exempt property is subject to attachment. Here is what Texas says about personal property exemptions:

Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)

All in all, Texas is very friendly to consumers.

[cbmath]

Thanks for the response.

Is it still better to have a judgement on you credit than a bankruptcy? What is the lesser of the two evils?

[Texas Tom]

cbmath, I'm in the same boat. I have a court date next mo. with citibank. Can you give me a heads up? Any help would be great. Did you have an attorney? are they letting you make payments? What can I expect?


Thanks.

[cbmath]

It was terrible. The judge had her mind up by before the trial. I guess it depends on what county your in. Harris county, there is an attorney that sues just about any amount for citibank. I think the contribute alot to the judges campaign. I am still trying to figure out what I am going to do. It would be better to talk on the phone so I can give you the more details if you want. It would be nice to talk to someone in the same boat. you can email me your phone number or I will email you mine if you like. My email is [email]cbmath2000@yahoo.com[/email].

Thanks

Chuck