Credit Cards, Rating, Repair debt collection

[dreweiser]

Jurisdiction

Texas

Need some legal advice. I am being sued by debt collectors in Texas for credit card and consumer debt. One of the debt collecting companies has already won judgement even though I responded to the hearing notice within time. I have lived in Texas all my life. I did my research online and found that a debt collecting company CANNOT garnish my wages for credit card debt in the state of Texas. I did further research and discovered that if the company you work for is in another state, and your paycheck comes from that state, then they can garnish your wages if that state allows wage garnishment for credit card debt. The company I work for is based out of Pennsylvania, and I researched their wage garnishment law. Pennsylvania also does not allow wage garnishment for credit card debt. I need to know if my research is correct. So my question is, is my wage totally safe from being garnished from these debt collecting companies??

 

[adjusterjack]

I did my research online and found that a debt collecting company CANNOT garnish my wages for credit card debt in the state of Texas.

That's true.

Article 16 Section 28 of the Texas Constitution:

THE TEXAS CONSTITUTION ARTICLE 16. GENERAL PROVISIONS

And Texas statute 64.004:

CIVIL PRACTICE AND REMEDIES CODE CHAPTER 63. GARNISHMENT

I did further research and discovered that if the company you work for is in another state, and your paycheck comes from that state, then they can garnish your wages if that state allows wage garnishment for credit card debt.

You'll have to show me where you found that because I don't think that's correct. Texas protects its citizens from wage garnishment.

That, of course, doesn't prevent a court in another state from issuing a garnishment order in error. You would just have to go to court to get it quashed.

You wrote that you are being sued "in Texas" which I deduce means in a Texas court. Should the plaintiff be awarded a judgment in a Texas court and attempt to get the court to issue a wage garnishment order to an employer in another state, it would fail. I don't think that has anything to do with Pennsylvania law because Pennsylvania law protects its citizens and not citizens of another state.

is my wage totally safe from being garnished from these debt collecting companies??

Yes.

However, your bank accounts and non-exempt assets aren't safe.

So, if it looks like the creditor is going to get the judgment against you, I suggest you stop doing business with banks so you can hang on to your cash.

 

[army judge]

So my question is, is my wage totally safe from being garnished from these debt collecting companies??

There is only one guarantee in this life, citizen, and that is each one of us will one day die.

Other than that guarantee, everyday is anything can happen day!

That said, Texas is the most debtor friendly state in the nation.

Your assets are almost bullet proof, because Texas exmepts the things that can be levied against, and who can levy against those things.

It is a rare day that an idiot scammer tries to levy a Texan's bank account to satisfy a NJ judgment.

It does happen, but is easily remedied and costly to the fool who dares such an onerous, illegal tactic, and the bank that allows it to occur.

If you really want to armor proof your life, file a chapter 7 bankruptcy, sir back, and watch how silent the interlopers grow.

 

[dreweiser]

That's true.

Article 16 Section 28 of the Texas Constitution:

THE TEXAS CONSTITUTION ARTICLE 16. GENERAL PROVISIONS

And Texas statute 64.004:

CIVIL PRACTICE AND REMEDIES CODE CHAPTER 63. GARNISHMENT



You'll have to show me where you found that because I don't think that's correct. Texas protects its citizens from wage garnishment.

That, of course, doesn't prevent a court in another state from issuing a garnishment order in error. You would just have to go to court to get it quashed.

You wrote that you are being sued "in Texas" which I deduce means in a Texas court. Should the plaintiff be awarded a judgment in a Texas court and attempt to get the court to issue a wage garnishment order to an employer in another state, it would fail. I don't think that has anything to do with Pennsylvania law because Pennsylvania law protects its citizens and not citizens of another state.



Yes.

However, your bank accounts and non-exempt assets aren't safe.

So, if it looks like the creditor is going to get the judgment against you, I suggest you stop doing business with banks so you can hang on to your cash.

Thanks for the reply. One of the Plaintiffs has already been awarded judgement, even though I responded to the hearing notice within the fourteen days allowed. I did not ignore the notice at all. The local court just went ahead and awarded judgement. So now that gives them legal right to start trying to collect from me. My wages should be safe, as well as my tax refund. Property or other assets? I own nothing. Bank accounts? I do not have a bank account. I get a paper check mailed to me. How else can they try and collect?

 

[dreweiser]

There is only one guarantee in this life, citizen, and that is each one of us will one day die.

Other than that guarantee, everyday is anything can happen day!

That said, Texas is the most debtor friendly state in the nation.

Your assets are almost bullet proof, because Texas exmepts the things that can be levied against, and who can levy against those things.

It is a rare day that an idiot scammer tries to levy a Texan's bank account to satisfy a NJ judgment.

It does happen, but is easily remedied and costly to the fool who dares such an onerous, illegal tactic, and the bank that allows it to occur.

If you really want to armor proof your life, file a chapter 7 bankruptcy, sir back, and watch how silent the interlopers grow.

Thanks for the reply. One of the Plaintiffs has already been awarded judgement, even though I responded to the hearing notice within the fourteen days allowed. I did not ignore the notice at all. The local court just went ahead and awarded judgement. So now that gives them legal right to start trying to collect from me. My wages should be safe, as well as my tax refund. Property or other assets? I own nothing. Bank accounts? I do not have a bank account. I get a paper check mailed to me. How else can they try and collect?

 

[adjusterjack]

How else can they try and collect?

In Texas a judgment is enforceable for 10 years. Might even be renewable. Stays on your credit report for the life of the judgment.

It will have a negative effect on your ability to get loans, insurance, even employment in some cases. Someday you will want something very much and the judgment will stand in your way and that will be a day of reckoning. By then the debt could double or triple with interest, fees, and costs.

If it's a big debt and you have other big debts that you can't pay, then bankruptcy now is a good idea.

 

[army judge]

Thanks for the reply. One of the Plaintiffs has already been awarded judgement, even though I responded to the hearing notice within the fourteen days allowed. I did not ignore the notice at all. The local court just went ahead and awarded judgement. So now that gives them legal right to start trying to collect from me. My wages should be safe, as well as my tax refund. Property or other assets? I own nothing. Bank accounts? I do not have a bank account. I get a paper check mailed to me. How else can they try and collect?

Creditor/scammers are extremely aggressive, because these creatures aren't the ordinal creditors.

These critters are often unscrupulous scammers who buy stale debt for pennies on the dollar, who make their wretched living by trying to collect it all.
They have few limits, except from those debtors who fight back.

You appear to be okay, except the judgment has harmed your FICO unfairly.

In Texas these cases usually go to JP courts.
JP courts are notorious because the JP gets a cut of the action for his/her part in every scam.

Good luck.