Legal Question in Credit and Debt Law in Texas

I defaulted on my student loan, I have a coosigner also, and now a lawyer is trying to sue my coosigner, what is the worst can happen, can they seize property such homes, cars

Thank you

Asked on 2/21/13, 5:23 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

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 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.

Homestead is exempt. One car per adult is exempt. The whole list of exemptions is found in section 42.001 of the Texas Property Code.

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Answered on 2/27/13, 7:17 pm

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