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  1. #1

    Default Consequences Of A Judgement

    I'm asking these questions purely out of curiosity to know what the worst-case scenario could be. I'm sorry if these issues have already been discussed in other threads.

    1. Supposing a consumer fails to appear in court once he is served with a summons and the court records a default judgement, what are the possible consequences?
    2. Once a judgement has been passed, how will the creditor try to collect his due? I am told there are no wage garnishments in Texas, so is a bank account 'freeze' imminent?
    3. Once a bank account is frozen, does that mean payments (from other creditors/power company/auto insurance) that come out of that account get stopped also?
    3. And what is the typical length of time between the passing of a judgement (by the court) and the enforcement of such a judgement by the creditor?

    Thank you for your time.

  2. #2
    Join Date
    Apr 2008
    Posts
    5

    Default Re: Consequences Of A Judgement

    Hello, I'm new to this board and will be posting some of my own questions soon as I am waiting for the paperwork of a bank garnishment I had placed on me March 27.

    I chose to ignore a summons against me last year and a default judgment was executed against me. Judgment was recorded on Sept. of 2007 and the first action against me was done last week with the bank garnishment. Of course your collectors can be more aggressive or less, who knows.

    The point is, the consequences, at least for my wife and I this last week has been incredible stress and mental duress.

    But this last week has taught me a lesson on how the law works in these judgment cases, at least in Florida. And it's this: The creditors will take; even wrongly, yet it's up to you to prove they are wrong. Of course costing you time, money and mental duress.

    For example, the writ of garnishment is only against me. In the state of Florida, joint bank accounts are exempt from garnishment if your spouse is on the account and it was originated at the same time. You would think the law firm/collector that executed the writ has a legal obligation to make sure that account is not exempt before taking such a drastic move. All that would be required is to subpoena the banks signature card or the account's originating documents. That's it. A small inconvenience and price to pay by the collector to avoid incredible duress and hardship for a debtor. But they don't do it. Why? Because the law in Fl allows them. Remember, in this country, it's never been about the little guy.

    Protect your assets now my friend. Before the judgment goes through. And don't ever assume just because something is exempt, they won't come after it. Collectors play hard ball and they play for keeps.

  3. #3

    Default Re: Consequences Of A Judgement

    Thanks for your response. So it took them 6 months in your case to act on the judgement. I understand that may not be the case everywhere. I think wage garnishments are not permitted in Texas.

    Since no action was taken for 6 months, did you ever assume that it had just gone away? I sincerely hope your situation gets better. And thanks for the advice.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Consequences Of A Judgement

    You are correct that wages are exempt from garnishment in Texas. (except for certain debts such as court-ordered child support)

    A judgment is good in Texas for 10 years & is renewable.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Apr 2008
    Posts
    5

    Default Re: Consequences Of A Judgement

    No. I knew that it had not gone away, but I did assume our joint checking account was safe due to the law in Fl. But as I explained in my first post, the law is structured so that the burden of proof rest on the debtor.

    Anyway, good luck and remember to protect your assets now.

    P.S. Wages might be protected in Texas, but are bank account?

    Ozzy

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