Legal Question in Credit and Debt Law in Texas

in TEXAS: Is there any way for a creditor to get their hands on any of my retirement funds after they have been given a judgment against me? Since wages cannot be garnished in Texas, can they get the wages money after I deposit it in my bank? How about when I deposit my retirement funds in my bank? Thanks.


Asked on 4/23/10, 9:51 pm

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Yes, they sure can get your money. The typical practice is to obtain a bank levy. What this means is that your deposited funds (checking accounts, savings accounts, etc.) become "frozen" and you cannot get your money unless/until the full amount of the debt/judgment you owe is paid in full. If your debt/judgment is more than all you have in your banking accounts, then all of your money is gone. If the total sum of what you have on deposit is more than the debt/judgment, then your accounts will be "unfrozen" once the debt/judgment is deducted.

Note Well: If you have SSI and/or VA benefits on deposit, then those are exempt from the bank levy. However, the Attorney General's Office and the person/entity to which you owe the judgment will still take it all. In this case, you really need to get in touch with an attorney who has familiarity with all the shenanigans that go on in these kinds of situations.

Having the SSI and/or VA Benefits automatically deposited is a big first step in protecting those kinds of funds. Reason: such deposits are automatically designated in your bank account statements as being SSI and/or VA Benefit deposits. This gives you proof of the fact that you have exempted funds on deposit.

In the meantime, yout might want to consider keeping all your money as cash and only making a deposit of the cash when you need to write a check to pay a bill. If you can pay a bill in cash, that's better. Another approach might be to put all of your money in someone else's name - if you know someone you can trust.

You have begun to ask some of the right questions. Now, follow up. Fast.

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Answered on 4/29/10, 11:27 am


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