0
If you have a judgment against you and you live in Texas and don't have a house or car in your name can they take money out of your checking account?
Wiki User
∙ 18y ago
Add your answer:
Earn +20 pts
Can a checking account be attached to satisfy an award in favor of a credit card company by an arbitrator in the state of Texas?
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.
Could a joint bank account be seized for a judgment against only one spouse in the state of Texas?
Yes.
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.
Can a collection agency in Texas garnish my checking account?
Only if it has gone to court, served you with the complaint and gotten a judgment against you. If it has gotten the judgment, the agency must still make application through the courts to get the wage garnishment. The garnishment cannot begin until you have been given notice of the request and a chance to object to it.
Are collection services allowed to levy bank accounts?
In most states it is possible for a creditor or collector who wins a lawsuit judgment to execute the judgment against checking or savings accounts even when the accounts are jointly held. how about in the state of Texas
Can collection agency freeze a joint checking account?
Yes, provided this provision is allowed by your state's laws.
Are bank account levies allowed in Texas?
Yes, Texas allows a judgment creditor to execute a bank account levy, even if the account is jointly held.
Can a judge in Ohio order your bank in Texas to levy your account?
Under the full faith and credit law the judgment creditor (holder) can obtain an exemplified copy of the judgment from the clerk of the court in the district where the judgment was awarded.The judgment holder then sends the document(s) to the clerk of the court's office in the county/city and state where the judgment debtor resides. The judgment will then be executed in the manner stated, (garnishment, lien, bank account levy, etc.).Texas does allow bank account levies by judgment creditors. Therefore, a Texas magistrate will sign the "foreign" judgment and canorder it enforced as a bank account levy.
What forms of identification do I need to open a checking account?
When I opened my checking account I had to present a current texas drivers liscense, and my social security card.
What does a credit card judgment mean?
The creditor has won a lawsuit judgment against the debtor(s) and can execute the judgment against any nonexempt property belonging to the debtor(s). The preferred method of judgment execution is wage garnishment followed by bank account levy, or seizure and sale of nonexempt property or a lien against real property. North Carolina, South Carolina, Pennsylvania and Texas do not allow wage garnishment for creditor debt. The exception is Texas where the court can grant wage garnishment if the debtor has no other property for which the judgment can be executed against. Married couples living in community property states are both usually responsible for debts incurred during the marriage regardless of which spouse is the account holder or borrower.
What is the law in Texas regarding wage garnishment for payday loans?
Can a payday loan company garnish my wages or levy my bank account, assuming they are successful in getting a judgment against me.
Can wages be garnished in Texas for unsecured debt?
Texas has a rather complicated garnishment code in that wage garnishment is only allowed if the judgment creditor has no other means of executing the judgment for monies owed. This is somewhat misleading as Texas does allow bank account levy, so all the creditor needs to do is enforce the judgment against the debtor's account. FYI, even joint marital accounts are subject to levy although only one spouse may be named on the judgment writ. Accounts held jointly by persons not married can be levied to the extent of the funds belonging to the debtor.
