Legal Question in Credit and Debt Law in Texas

My 81 year old father who lives in Texas has been sued by a credit card company.What is a judgement and can they take money from my dad's bank account if the only money that goes in there is a retirement check and his SS check? I know they cannot get his house because it is his homestead. What can they do to him? He really wants to pay the debt but the interest is more than he can pay and it doesn't even pay any of the debt.


Asked on 2/22/12, 7:44 am

2 Answers from Attorneys
Greg Wiley Law Office of Greg Wiley PLLC

In theory, his social security is safe but once funds get commingled, you can run into problems. If his debts are high, he should consider filing a bankruptcy and getting all of the debt off of him.

Thanks

Greg Wiley

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Answered on 2/22/12, 7:50 am
Donald McLeaish McLeaish&Associates;, P.C.

When they get a judgment, they can and generally do garnish bank accounts....if it is in his name only..so get the name of one of his children on the account with him..or even have the wife's name..then they can't garnish since the account is owned by both.

Second choice..we frequently file answers which are frequently successfull to defeat credit card claims with cross claims because the interes/penalties/feess etc and the balance are not proven..but we charge $500 for such defense...and we do probate when needed. But such judgments remain against the estate ....so consiider these approaches..

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Answered on 2/22/12, 7:53 am


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