Legal Question in Credit and Debt Law in Texas
credit card debit
Can a credit card company issue a summon for you to appear in court to settle a deliquent account?
What are the most extreme measures that a credit card company can do?
1 Answer from Attorneys
Re: credit card debit
A summons to appear in court is issued under the court's authority. The credit card company can ask the clerk of court to issue the summons.
Credit card companies are subject to the Fair Debt Collection Practices Act and, for Texas consumers, the Texas Fair Debt collections act. A creditor cannot threaten to do an illegal act. In Texas, wage garnishment is allowed only to collect a very narrow category of debt. Threatening or serving an improper wage garnishment can be a violation of law. Please remember that in Texas, wage garnishment is the garnishment of the wages in the hands of the employer. Once the paycheck is in the bank, it is a bank account, not wages.