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Yes.
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
Texas law only allows wage garnishment when the judgment creditor does not have other means for collecting the debt owed. If the debtor has a bank account or non exempt property that can be levied, seized or a lien placed by a judgment, wage garnishment is not allowed.
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.
In Texas, the maximum percentage of wages that can be garnished for most debts is 25% of disposable earnings. However, this limit may be lower if the individual's income is below 30 times the federal minimum wage per week. Additionally, certain types of debts, such as child support or unpaid taxes, may have different garnishment limits.
Texas Wage GarnishmentWages 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.
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The creditor will still have to file for a judgment in circuit court before they can take any action against nonexempt property belonging to the debtor. Bank account levy is possible in the state of Texas, wage garnishment is not.
They can sue you and garnish your wages, your bank accounts, your state tax return, and the court could order you to liquidate real property to satisfy the judgment.
Texas law only allows wage garnishment by a judgment creditor if there is no other means for the creditor to collect monies owed. The state does allow a judgment creditor to levy bank accounts, seizure and sale of non exempt property or lien against real property owned by the judgment debtor. Texas law does not allow the forced sale of a primary residence to satisfy a judgment for creditor debt. Adding: Texas law doesn't allow wage garnishment except for student loans, taxes, or child support. They can levy your bank account and force the sale of non-exempt property like boats, extra vehicles, second homes, etc.
YES!
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.