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They can garnish your wages.

Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment.

A judgment creditor can levy a bank account including a joint account or a joint marital account.

Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure.

The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc).

Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor.

Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.

2010-06-26 17:33:35
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Related Questions

What assets or money can be taken from us if a judgment has been made against us to collect unpaid rent for a business we had to close?

It depends on the details. If the business was incorporated and the judgment was against the corporation the creditor can only take business property and assets. If you owned the business as individuals then a judgment creditor can take any of your assets to satisfy the judgment: bank accounts, vehicles, boats, equipment, real property, etc.

Can a collection agency garnish your wages over a defaulted private career training loan in Texas?

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.

What can occur if you do not pay on a judgment against you for a credit card in the state of Texas?

Texas does not allow wage garnishment or the forced sale of a primary residence when it pertains to creditor judgments. The creditor can place a lien against real property or sometimes vehicles, that belong to the debtor, levy on bank accounts (even those jointly owned) or petition to have non-exempt assets seized and liquidated for the repayment of monies owed.

Is a motorcycle considered nonexempt property?

Yes. A judgment creditor can execute a forced sale of the motorcycle to recover monies owed. If there is still a loan lien on the cycle a forced sale would be very difficult. Also, the loan holder/lender can repossess the motorcycle under the same laws that apply to other vehicles if the borrower defaults on the lending contract.

How many cars or vehicles can you have on your property?

You can have as many vehicles on your property as you please, as long as they're YOURS and aren't infringing on ANYONE ELSE's property.

What can be attached for payment in a repossession of a motor home?

First and foremost, the vehicle. When repossessed, it will be sold and the proceeds will be applied to the debt. Depending on the state, the lender may (if a judgment is obtained) attach your bank accounts: checking, savings, certificates of deposit, mutual funds, dividends paid on stocks and bonds. Also depending on the state, state income tax returns may be attached. Liens may be put on other property. If you have other vehicle loans with the same creditor, they may petition the court for a conversion of collateral and repossess and sell these other vehicles. This may also be done in the event you have a vehicle or vehicles owned out right.

Can a collection agency put a levy on a joint checking account in Texas if the debt was your spouse's prior to your marriage?

I know in California, once you get married, you share EVERYTHING. I would advise opening a separate checking account. Also, be careful if you own any property or vehicles together.

Can a creditor sue you if they have already repossessed the vehicles used to secure the loan?

Yes, they can sue you in the event that the vehicles are not in good enough condition to be equal to the value of the unpaid loan.

Can a credit card company take your car in New York?

No. A credit card company can win a judgment against you, which is a court order to pay a debt. If you still refuse or cannot pay, they can garnish your wages. But the company, who is not the law, cannot take your vehicle. * Vehicles are protected to the extent of the exemption that is allowed under the laws of the state where the debtor resides. It is possible if the exemption does not protect the vehicle and there is a considerable amount of equity the judgment creditor can pay off the lender/lien holder give the debtor his or her exemption amount and then seize and sell the vehicle. This rarely happens as it is expensive and time consuming and the judgment creditor seldom garners enough excess monies for the action to be profitable.

Can you keep your vehicles that are listed in a Chapter 13 bankruptcy if you choose to cancel the bankruptcy?

You can keep them as long asa you keep paying the car loans. But beware that there is court precedent where a creditor can force you to either surrender the property or reaffirm the debt. Reaffirming the debt is never a good idea.

Why is it that the people who own vehicles are the logical candidate for insurance?

The have the property to protect.

What is defined as the possibilty of personal injuries or damage to vehicles and poperty?

Risk defines the possibility of personal injury, or damage to vehicles or property.

What is the word used for property recovered by the insurance company?

please explain your question better. Do you mean property such as stolen vehicles?

What is considered unexempt property in Florida?

Not much if the issue pertains to a married couple, as Florida is a TBE state. Even debtor's who are unmarried have several options for protecting property both real and personal. The largest flaw in Florida's property exemption statutes would be that pertaining to vehicles. The same exemptions that are used for bankruptcy are also applicable concerning creditor lawsuit judgments. For a listing of exempted property allowed under the new BK laws, visit Bankruptcy Action

Will collection agency get your money if they win in court?

If a judgment is obtained steps can be taken to obtain payment if you do not pay voluntarily. Once they have a judgment, they can go back to the court if they do not receive payment and file for periodic payments, once the judge issues an order for periodic payments, if you do not make those payments you will be violating a court order which is punishable by being arrested. Also, if they have obtained a judgment and you do not pay they can attach any assets you have such as vehicles, property, bank accounts or paychecks.

Repossession Services Agreement?

Repossession Services Agreement(Download)BACKGROUND:______________________________________, CREDITOR, and ______________________________________, AGENCY, agree:CREDITOR is the owner or collection agent for various retail installment contracts, granting liens on automobiles. From time to time CREDITOR requires repossession services when the various contract debtors are delinquent on their debts, and CREDITOR herewith contracts with AGENCY to perform such repossessions.TERM:This agreement shall commence on _________________________ and terminate on __________________________.TERRITORY:AGENCY shall act as the exclusive repossession service within the following territory:_______________________________________________________________ASSIGNMENTS:AGENCY shall only repossess vehicles upon a written order executed by an officer of the CREDITOR specifying the vehicle type, VIN and borrowers name, or identification of other property. AGENCY shall not release any vehicle to a person other than an agent of the CREDITOR.METHOD OF REPOSSESSION:AGENCY shall repossess the items, which are assigned to it without creating a breach of the peace, and in accordance with any laws or regulations related thereto. In the event that any repossession cannot be accomplished without a breach of the peace, AGENCY shall immediately notify CREDITOR and shall discontinue attempts to repossess unless the CREDITOR reassigns the same.INDEMNITY:AGENCY shall indemnify and hold CREDITOR harmless from any claims related to the repossession activity undertaken by the AGENCY. CREDITOR shall indemnify AGENCY from any claims that CREDITOR did not have a legal right to seek peaceful repossession of the items assigned.INVENTORY:In the event that any vehicle which is repossessed contains personal property, AGENCY shall have 2 persons witness a complete inventory. A copy of such inventory shall be provided to CREDITOR. AGENCY shall release such items of personal property to the debtor upon execution of a receipt of the same.RELATIONSHIP:The relationship between the parties is solely of contracting party and independent contractor.CUSTODY OF VEHICLES:During custody of the vehicles AGENCY shall use all possible care to protect and safeguard the vehicles, and shall deliver the same as directed by the CREDITOR, and CREDITORs expense, in the same condition as received, any ordinary wear and tear excepted.SUB-CONTRACTOR:AGENCY shall not sub-contract its performance without the previous written consent of the CREDITOR.PAYMENT:AGENCY shall receive payment as follows:_____________________________________________________________Dated: ________________________________________________________________________For Creditor_______________________________________For AgencyRepossession Services AgreementReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. This is a standard repossession agreement that can be modified to meet the terms you require in your business activities.1. Make multiple copies. Give one to each signer.

Did Mandela use sabotage?

Yes, he attacked many government vehicles and property

Can you get a traffic ticket on private property in pa?

If you are in Philadelphia PA Department of License and Inspections can give you a ticket on your vehicle on private property if it is not legal or there are to many vehicles on your property.

What do you need to claim property with no will and no vin or title?

Inquire at your local Department of Motor Vehicles.Inquire at your local Department of Motor Vehicles.Inquire at your local Department of Motor Vehicles.Inquire at your local Department of Motor Vehicles.

Who's at fault when a car is pulling out of a driveway and you hit them?

any vehicle leaving private property and entering a public road ,is at fault. all vehicles leaving private property MUST yield to vehicles on a public road

What property of gas is utilized when natural gas is supplied for vehicles?

The compressibility of gases is utilized.

Is it against the law to park unregistered vehicles on private property in Washington State?


Does homeowners insurance cover a vehicle if it got hailed on while on the property?

No. Homeowners Insurance does not cover Hail damage to an Automobile.Hail damage to an automobile is covered by the vehicles Auto insurance policy. Vehicles are not scheduled property on a homeowners policy.

If you have a judgment lien against you from a credit card collector and you do not own a home what can they do?

Judgment (judgment lien) collection procedures include: *Examinations--you have to come to court and answer questions *Garnishment of bank accounts or wages *Execution on motor vehicles or boats *other procedures that vary from state to state

Will homeowners insurance cover the damages to a unisured vehicle on the property?

No, the only vehicles they would cover are vehicles use to service a home and designed to assist the disables.