Legal Question in Consumer Law in Texas

What happens when you have a default judgement for credit card debt against you in the state of Texas?


Asked on 2/02/11, 11:07 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

In general, not much.

The creditor in judgment will still try to scare money out of you - letters, maybe phone calls.

Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that can legally be seized to satisfy a judgment). This means that you may be �served� with a writ of execution, but the Sheriff will return it to court �nulla bona� (no good). In other words, he won�t seize any of your property because it�s all exempt.

The plaintiffs in judgment can garnish your bank account if they know where you bank and if they believe that you have sufficient funds on deposit. The filing fee for a garnishment is around $300.00; they don't want to hit your bank with a garnishment if you have only $55 in the bank.

They will spend about $20 and record an abstract of judgment in the county where you live. This creates a lien on any non-exempt property you own (and you probably DON�T own any); it doesn�t affect your homestead.

99% of all Texans do NOT need to worry if they have a judgment against them. Bill collectors collect their money because of the debtor�s fear of the unknown; they �scare� the money out of you.

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Answered on 2/02/11, 3:51 pm


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