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Frequent Contributor
theshadow12345
Posts: 252
Registered: ‎06-27-2007
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Can Debt Collectors or Attorneys Garnish Wages etc???

I was just reading some interesing facts about wage garnisment. I live in texas and here are my laws..
 
Texas Wage Garnishment

1.Wages cannot be attached or garnished, except for child support.

   Income that is not a wage can be garnished or ordered turned over to a   receiver.

2.Bank accounts, rents and royalties can be garnished.

Exemptions include social security benefits.

For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully..

I have a Bank account and the Debt Collectors know who I bank with already but do not haveing any account information, can they still go in there and garnish my savings or checkings?

Also I rent an apartment with my family, what can they do to make me an unhappy camper while renting?

 

Thanks

TS

 

As of 3/17/08 - TU 619 / EQ 666 / Ex 624
As of 4/17/08 -TU 621 / EQ 671 / Ex 626
As of 6/07/08 - TU 627/ EQ 688 / EQ 644
Regular Contributor
dazednconfused
Posts: 244
Registered: ‎04-16-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

If they have a judgment against you they can levy fuds from your bank. No judgment, then they can't do it.
Established Contributor
TexMontana
Posts: 678
Registered: ‎05-29-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

The rent garnishment refers to rent you my be receiving, not paying.:smileywink:
" I like to live as a poor man, with a lot of money." - Pablo Picasso (who was a jerk.)
Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

So you said you rent right?  So they can't put a lien on any property.     I would withdraw any and all funds from your  bank accounts.   Stop any direct deposit that you may have and if you have any auto bill paying or auto debit I would call have that changed to pay your bills manually.    Unless you have a car there really isn't much they can do  but living underground isn't alot fun either but you have to do what you have to do.   Living in a state that bans wage garnishments is a big plus for you.
Frequent Contributor
theshadow12345
Posts: 252
Registered: ‎06-27-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

Does anyone know if they can attack Credit Unions? If I transfer my funds there, they can still garnish from my credit Union?
 
Thanks
TS
As of 3/17/08 - TU 619 / EQ 666 / Ex 624
As of 4/17/08 -TU 621 / EQ 671 / Ex 626
As of 6/07/08 - TU 627/ EQ 688 / EQ 644
Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

Absolutley, they can go after credit unions, CD, stock options, money market accounts.  Your 401K  I do believe is safe as well as SS,
Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007
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Re: Can Debt Collectors or Attorneys Garnish Wages etc???

Aslo any accounts that have your name attached like a joint checking or joint savings
Frequent Contributor
theshadow12345
Posts: 252
Registered: ‎06-27-2007
0

Re: Can Debt Collectors or Attorneys Garnish Wages etc???

I have one last question, if my account is with my spouse and she removes me, can they still garnish? What about my Direct Deposit Checks, do I have to stop that even if it's in her name?
 
Thanks
 
 
As of 3/17/08 - TU 619 / EQ 666 / Ex 624
As of 4/17/08 -TU 621 / EQ 671 / Ex 626
As of 6/07/08 - TU 627/ EQ 688 / EQ 644
Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007
0

Re: Can Debt Collectors or Attorneys Garnish Wages etc???

They can't touch anything that is in your wife's name only but check to see if Texas is a community state, which means spuses are responsble for each other's debts
 
As far as direct depositing your checks into her account, that might be illegal and hiding funds.  Check your state laws on that
Established Member
ToBeFree
Posts: 19
Registered: ‎05-05-2007
0

Re: Can Debt Collectors or Attorneys Garnish Wages etc???

Texas IS community property state.

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