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File the judgment as a bank account levy or lien against real property or etc. with the clerk of the court in the city or county where the judgment was entered.
Texas does not allow a judgment creditor to garnish current wages (see CIVIL PRACTICE AND REMEDIES CODE below)
Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.
The only other exceptions for wage garnishment are in the case of child support, back taxes and student loans. If you are self employed or work for commissions etc. different rules apply. Your paycheck can be garnished once it has been deposited in your bank account.
Other income or holdings can be garnished if the following applies:
Sec. 63.001. GROUNDS. A writ of garnishment is available if:
(1) an original attachment has been issued;
(2) a plaintiff sues for a debt and makes an affidavit stating that:
(A) the debt is just, due, and unpaid;
(B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and
(C) the garnishment is not sought to injure the defendant or the garnishee; or
(3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.
A private individual cannot garnish tax refunds of another private individual.
Contact the office of the clerk of the circuit court (or court where the judgment was entered) for information on proper filing and execution procedures.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoA Judgment can be collected by issuing a Writ of Execution.
Also, a Abstract of Judgment can be filed in the County Clerks office. if the person comes into any monies in the future, the Abstract of Judgment will be satisfied
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Under Texas law what can the creditor do to collect the deficiency?
In Texas, they take you to court on a judgment in order to collect. Statutes of limitations on debt collection in Texas is four years. Debtors cannot garnish any wages.
Can a person's wages or bank account be garnished for credit card debt in Texas?
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
If I sign an acknowledgement of assignment of judgment am I giving up my right to collect?
If you are the 'creditor' of judgment and you sign for a third party to collect, then YES, your right to collect is given up. Because once that is signed you just signed over your judgment over to the third party, and it is considered THEIR judgment now. BUT you will still get your money judgment from the third party.
How do you collect a judgment in Massachusetts?
You can't really collect a judgment unless you are going to use a collection service. You can also ask the court for a garnishment. Having a judgment does not mean that is automatically collected.
A creditor won a judgment against me and the estate of my marriage for a debt incurred prior to my marriage can my husband's wages be garnished to collect on this judgment?
If the husband was not liable for the debt, then his wages cannot be garnished to collect on the judgment. The judgment is against the person who incurred the debt.
Do you have to report a judgment against you to the IRS?
Can someone collect my income tax return for a judgment against me
How do you collect judgment money from a levied account?
Court
How do you collect a debt owed when you have been awarded a judgment from the court in Florida but no payment has been forthcoming?
It is the responsibility of the judgment holder to choose the method how to collect the debt owed. The judgment holder files the judgment with the clerk of the issuing court in the manner they wish to collect the debt, such as a wage garnishment, bank account levy, property lien, etc.
How long do lenders in Florida have to collect on a judgment?
hoe long do lenders have to collect on a judgement in fla.
How do you collect a judgment by an out of state court in Arkansas?
Can the state of Texas collect on a court order for arrearage for child support from the state of Arkansas even though the state of Arkansas has a statual of limitation which is three years and five years if the child is eighteen but the mother didn't open a child support case with the state of Texas fourteen years later
In the state of Texas what happens after a default judgment?
A default judgment is nothing more than a judgment obtained because defendant did not show up for court. In Texas, when a default judgment is entered, the petitioner gets all that they have asked for.
How long can a debt collector collect a debt from a judgment if you have moved to South Carolina?
In South Carolina, a debt collector has 10 years to collect a debt from a judgment. This time frame starts from when the judgment is entered. After the 10-year period, the debt may no longer be enforceable unless it is renewed through legal actions.
