Friday, June 25, 2010

What exactly does it mean to have a civil judgement against you?

We live in Texas and my husband was recently sued for an outstanding credit card balance, that he had prior to our marriage, and now has a judgement against him in Texas... can that effect our land, home, bank accounts, tax returns in any way? I have absolutely no information on this and would appreciate any info that can be given! thanks.


Yes! A civil judgment can be collected by seizure of personal property to be sold at auction and proceeds applied to the judgement amount. Also, it will prevent him (and possibly you since you are married) from getting financing for homes until the judgment is satisfied. I don't know how far the company is willing to go to attempt to collect thier money, and laws very from state to state,

I suggest you, or he, or both contact an attorney for your best course of action. Since you are married, this will also effect his and possibly your credit reports and scores.

Was the judgement in Federal or state court? This can make a world of difference. Either way in TX you can't lose your primary land (this means the piece you claim for homestead, any other can be taken) or your primary car. A court can order wages garnished if requested, and since TX is a common property state both of your wages could be garnished since legally both of you are responsible for the debt. The court can also sieze assets in order to pay off the debt, this can include bank accounts, secondary land, secondary cars, etc. The other option the CC company could persue is forcing you into bankruptcy. The main thing to remember is that your homestead (again not any other land, just your homestead) and primary car can not be taken in TX, anything else is fair game.

The last option the CC has is to file a lien against your house, any other land, or cars that you have. This would effectivly prevent you from selling any of those until you paid of the debt.

let me guess, citibank? They are the worst! And the major share holder happens to be the saudi prince who is the major shareholder for Exxon, Mobile, and BP amd a political friend of G.W. Bush.

I'm not an attorney, but from what I understand, in Texas they can only put a lien on your property or freeze your bank accounts in your husbands social security number. It's usually at the attorney discretion. It's probably best to try to settle with the attorney.

They can't garnish wages, take your house, land or car, tax return (unless if you put it in a bank account), etc.

These attorneys are bottom-feeders trying to get rich from people who don't have a lot of money, but unfortunately you have to work it out with them. Try to settle the debt at 60%-80% of the balance, but it has to be paid in full at the time of the settlement. Save up and settle.

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