Legal Question in Credit and Debt Law in Texas

As a result of loosing my job over a year and a half ago, I got my car repossed. Before my unemployment benefits arrived the lender sold the car and wanted a balance for the remainder owed on the car. Now a 3rd party is attempting to collect the remainder(collection agency) and told me that she was going to file a claim against me. She never said anything about court, so it made me believe that this was a collection tactic. But I heard stories from other states saying that they have gotten their bank accounts frozen and judgement leins put on them because of repossed cars. Can this happen to me in Texas? What are the possible legal actions the lender can take with me? I intend to pay it off, but it is going to be a least 3-6 more months until I can start to make payments or settlement offers.

Asked on 3/16/11, 11:47 am

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Yes, it can happen to you in Texas. It happens every day. All they need do is file a garnishment action, which you would most likely be illegally left in the dark about, and once they obtain it, they "freeze" all the money in your accounts - taking up to the total amount owed to them. Collection companies buy up old debt just for this purpose. However, they can beat upside down and backwards. When you intend to pay it off and how do not matter.

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Answered on 3/16/11, 7:23 pm

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