I REALLY need some help!!

[Prima5]

I REALLY need some help!!

I have a judgement that was placed against me 10 years ago. I forgot about this and recently an attorney sent me papers informing me of his intent to get another judgement. Here are my questions:

1. I live in Texas, however, my husband and I have our bank accounts in California. Can they touch this?

2. If accounts and property are in his name only, can they touch this? (we were not married at the time I was in the hospital on this judgement)

3. Is there a statute of limitations on a judgement?

4. If the attorney will agree to montly payments, does this mean he will not seek the judgement to remove money from my checking account?

Thanks!

 

[bigun]

Racer makes some good points. More details would help.
Let me say this. Judgements need to be taken care of in some fashion. All they do is lie there and accure interest. Life, however, is not static. Things happen and that judgement can bite you when you least expect it.
I deduce from your questions that you and your husband have separate accounts and real property is in his name.
Fortunately, Tx. is a debtor friendly state. Your wages can't be garnished if the payroll orginates in Tx. If the home is in your husbands name, the creditor is probably stuck.
But, life moves on. Half of all marriages end in divorce and you would end up with assets in your name. Suppose your husband predeceaeses you. You end up with property in your name. Suppose you die first. Someone makes a grab at your estate.
My advice is pay the judgement if it can be done without depriving your family. If that isn't possible, call a lawyer and see about a chapter 7 or 13 bankruptcy filing.

 

[Prima5]

Thank to those who answered. Here's the answer to some questions that were asked.

We lived in California for 1 year and opened our accounts there. When we moved back to Texas (where the judgement is), we left our accounts in California because they have branches of the same bank here. However, we did try to close them once to re-open them with a Texas branch and they said that we couldn't do that. We would actually have to go to California to do that so that makes me wonder if they can touch it.

The reason I ask about them being able to touch anything that was in my husbands name only is because we could just let him open up another bank account and transfer all the money over to it.

Now, the answer to the other question is that the lawyer is representing the hospital. He agreed to accept payments with a check made out to the hospital. However, I am wondering whether to trust him now, seeing that he doesn't have the authority to accept payments. Maybe I should just let it lie.

I work less than 20 hours a week to put my self through school. Everything is in my husbands name so I guess I would be alright.

 

[JETX]

Okay, let me explain how it works here in Texas.

1) Judgments are valid for 10 years and can be renewed each 10 years until paid. And even if the judgment goes dormant (after 10 years), it can be refreshed again fairly simply for the next 2 years. There is no 'application' for renewal. All the creditor has to do is request a new "Abstract of Judgment" from the court and attempt to enforce it.

2) If your bank has a branch in Texas, it can be garnished. Say for example that your account is based at Wells Fargo in California. As long as they have a branch in Texas, the garnishment can be served against them here. Also, there are several other assets that can be garnished (but, normal wages cannot be).

3) Texas is a community property state. If you were married at the time of the judgment, communal property can be levied. And even if you weren't married, the property can still be levied and, depending on the seized property, you would have to show the court that NONE of the asset value in that property was yours (example: If I garnish your bank account, you would have to appear in court to challenge the seizure and convince the court that NONE of the money in the account was yours. And since you work, that would be hard to do. So, lets say that your paycheck is $100 per week, and your husbands is $400 per week (total $500 per week). The court would find that 20% of the account was your money (100/500) and would seize 20% of the account funds.) This same formula would be applied to all your non-exempt assets.

4) If you were to negotiate a payment plan with the creditor (or his attorney), you can certainly include an agreement that additional enforcement processes will be abated as long as the payments are being made as agreed.

 

[bigun]

One other problem. If you have spoken with this lawyer about a settlement, they now know you have assets. I think you should prepare for stepped up collection activity.

 

[Prima5]

Thanks!

You guys are awsome! Thanks for your advice. Just let me say that even though I have spoken to the attorney, he doesn't know whether or not I have any assets, which I don't. I'm closing down my checking account today and tomorrow morning my husband and I are removing me from the other checking and savings account. I don't have any cars or property in my name so he's got nothing. The only thing I used my checking account for anyway way for my small paycheck that pays for tuition and books. I'll just use cash now for everything. I never answered this attorney's interrogatories so I'm hoping this will do it. What do you think?

 

[JETX]

Let me just tell you what I would do (as a Judgment Enforcer and in Texas). I would still go after you. Since you have already expressed your desire to avoid the enforcement of this valid judgment (and to be a deadbeat), I won't assist you further by telling you what can be done. But, suffice to say, I would take sufficient action against you that you would be calling me to request a resolution to your problem. And, yes, there are still assets that I can grab, or at least cause you so much grief to make you wish you had paid!!

And if you don't think it can be done, have the judgment creditor contact me at my website (shown in my signature). I would be glad to help him out.

And, if you think that I am being an a$$hole, your right! I think you lied and deceived this forum with your "I really need some help" and your implication that you were interested in negotiating a resolution with the attorney. All to find out that your real intent was to be a scumbag!
And, yes, I can very easily take this lying personally!

 

[Prima5]

Who asked you?!

You big jerk! You don't know me! You don't know what me situation is!!! This was a hospital bill. They caused me to become disabled. I had to leave a job for which I went to school to learn. Now, I'm back in college so I can get a job that doesn't require physical activity so don't sit there and judge me you @$$hole! I refuse to pay someone who has destroyed my life!

MIND YOUR OWN BUSINESS!!!!!!!!!

 

[JETX]

When you bring your pile of "caca" to this forum with a 'help me... help me', you do make it our business (our being those that read this forum in a desire to help people with real problems).

And as for it being a hospital bill that you owe for, who cares?? Bottom line, it is still a bill that you owe. Your claim that 'they' made you disabled is a feeble attempt to justify your position that you refuse to accept your responsibility. If you really had a valid complaint against them, you haven't said anything about your lawsuit against the hospital.

And, since you continue to justify your childish actions by " I refuse to pay someone who has destroyed my life!", what did the courts say when you counter-sued them for your damages??? What, you didn't counter-sue!! Guess it wasn't really all that important was it??

Finally, your choice... be a mature, adult who takes responsibility for her actions and life... or continue being an immature deadbeat who expects 'us' (the rest of society) to have to pay for your actions. Who do you think is going to pay your hospital bill for you???

I hope the creditors contact me. I will do this one for free!

 

[bigun]

Primia5,

If you structure your life so that you can own no assets then you are being very shortsighted. Unless you predecease your entire family, you will own marital assests or the assets of your parents and there will be that judgement simply accuring interest. If you are unable to pay, you really should attempt to bankrupt the judgement. You won't be the first person unable to pay a medical bill and you won't be the last.

 

[Prima5]

FYI

To those of you who have been helpful, just wanted to let you know what an attorney told me. He said that since this is an old debt that has not had an attempt to collect in over 5 years, the judge will more than likely refuse a new judgement. Since there's nothing in my name and the debt incurred before I was married, they can't touch my husband and they cannot garnish my wages which is probably why no attempt was made to collect in the first place. He said to tell the other attorney to go fly a kite! lol

P.S. Sorry about the email where I defended myself. Over the weekend, I realized that some people just aren't worth wasting time over. It won't happen again.

 

[JETX]

I hope that your 'lawyer' understood your question, because he is wrong.

In Texas, a Writ of Execution can be issued at ANY time up until the 10th year of its rendering. Then, once a Writ is issued, a new TEN year clock starts. And this can continue EACH ten years until the judgment is paid. And even if a judgment goes dormant, it can still be revived.

Texas Civil Practices and Remedies Code:
§ 34.001. No Execution on Dormant Judgment
(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived.
(b) If a writ of execution is issued within 10 years after rendition of a judgment but a second writ is not issued within 10 years after issuance of the first writ, the judgment becomes dormant. A second writ may be issued at any time within 10 years after issuance of the first writ.

Texas Civil Practices and Remedies Code:
§ 31.006. Revival of Judgment
A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant."

So, like everyone said, the debtor can pursue you as long as he wants.. as long as he requests a Writ from the court every 10 years!

You might want to consult another 'attorney' who is familiar with the Texas statutes.

 

[Jennm22]

They can still go after your assets. I was just reading something about this this morning. It said that not all attorneys know this, but a good one will. They can find out you are using your husband to hide your assets. When they do they can go after him for it. I will try to find the website again where this is listed and let you know where it is.