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Being Sued By Toyota Financial

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jam2016

Junior Member
What is the name of your state (only U.S. law)? Texas

I am being sued for a deficiency balance in Texas by Toyota Motor Credit Corporation for a repo on a vehicle about 2 years ago for the deficiency balance. Right now on the Justice Of The Peace Website the case status just says active. I have not been served with any papers and the case is 19 days old so far. When should I expect to be served? If they get a default judgement entered against me, what can or will they do in Texas to satisfy that judgement, what is the likely hood that they for instance would attach a garnishment to my bank account? They do not know my new banking information. I am just going over my options and I'm not sure if I should worry at this point or not, this may force me into a chapter 7 bankruptcy however depending on what they can or can not do.
 


FlyingRon

Senior Member
Texas is quite friendly to deadbeats. They can't garnish your wages. In most cases they can't attach your home or even your vehicles. Other assets, primarily cash in the bank, are fair game. In order for them to get a default judgement on you, they need to return the proof of service ten days before the court date.
 

jam2016

Junior Member
Texas is quite friendly to deadbeats. They can't garnish your wages. In most cases they can't attach your home or even your vehicles. Other assets, primarily cash in the bank, are fair game. In order for them to get a default judgement on you, they need to return the proof of service ten days before the court date.
Awesome, I'm glad they are friendly to deadbeats lol. Although I'm glad you responded to my post and gave me that information, calling me a deadbeat was uncalled for. Yeah I tried to evade paying the debt for a while until I could get back on my feet, I wasn't planning on not paying at all, I was looking into DMP's actually right before getting sued and seeing if I could set up some kind of payment plan, but now that they have sued, I'm thinking a chapter 13 is in the works. Life happens, circumstances changes, it is what it is. Have a blessed day!
 

jam2016

Junior Member
I was with you right up until you said you were intentionally evading the debt. That's pretty much the definition of a dead-beat. Perhaps you misspoke.
I know, I guess I didn't realize what I was trying to do until I typed it up, I was only kidding about the being judge mental. He is correct, I am a deadbeat, I can accept that. Time to do what I need to do and get past this and move on with life.
 
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