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In Texas, after an auction, if the sale of the property does not cover the total debt owed, the creditor can pursue a deficiency judgment against the borrower for the remaining balance. To do this, the creditor must file a lawsuit within two years of the auction sale. If successful, the court will issue a deficiency judgment, allowing the creditor to collect the remaining balance through wage garnishment, bank levies, or other collection methods. It's important for the creditor to adhere to Texas laws regarding notification and court procedures to ensure the validity of the collection efforts.
What else can I help you with?
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.
With a cross collateralized debt when the vehicle was surrendered can the creditor demand payment for deficiency?
In the state of Texas, yes the creditor can follow for the deficiency balance.
Can i be sued for balance of repossessed car in Texas?
Yes. If the amount of the debt is greater than the price the car brings at auction, then you will still owe the balance, and if you do not pay it the creditor can sue you in order to recover it. Depending on how much it is and whether they think you have sufficient assets to make it worth the hassle, they may not bother, but legally they're allowed to do so.
Can a credit card company garnish wages in state of Texas for a balance less than 5000?
No. Texas does not allow creditor wage garnishment, regardless of the amount owed.
Can a credit card company collect from you after your spouse's death in Texas?
Texas is a CP state, that being the case it might be possible for a creditor to hold the surviving spouse responsible for the deceased's debt if the estate is not adequate for repayment. Whether or not it is viable option for the creditor depends upon the type of debt that was incurred.
Where do you get a Car Auction licenses in Texas?
Where do you get a car auction licenses in Texas
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.
In Texas can a creditor come to your house?
Yes, in the state of Texas, a creditor can come right to your house if you owe debts. However, in other states, the creditor must first get court papers to just show up at your residence.
Defrauding a secured creditor law in Texas?
In law 48, what is a creditor? Is law 48 fair to creditors?
Can a creditor garnish social security in Texas for deficiency after repo?
NO. Social Security income is protected from creditor claims.
In the state of Texas can a creditor put a lien against your home for a repossessed vehicle?
The answer is yes, if the creditor brings you to court on the matter.
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.
