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  1. #1
    Join Date
    Jul 2015
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    1

    Default What Can a Debt Collector Do to Collect a Judgment in Texas

    My question involves collection proceedings in the State of: Texas

    I'm being sued over debt that is several years old from Wal-Mart that was sold to a third party. I've never experienced this before so I didn't know what they could legally do in Texas- what I've read says they can't garnish wages or take my car. Is that true?
    Is it better to contact the company to set up a small payment plan? I don't know how to handle this. I'm a full time student with a child and my fiancÚ has the only income in our home so there isn't much to give.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,328

    Default Re: Texas Suit by Company That Purchased Debt- What Can They Actually Do

    why would you owe walmart money?

    but your basic understanding of what they could take is correct. You are fairly well protected in Texas. That does not prevent the judgment (if you are sued and lose) showing up on your credit report from affecting you negatively though.

  3. #3
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Texas Suit by Company That Purchased Debt- What Can They Actually Do

    either a walmart branded credit card.

    or a civil demand.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,744

    Default Re: What Can a Debt Collector Do to Collect a Judgment in Texas

    Quote Quoting tls7027
    View Post
    My question involves collection proceedings in the State of: Texas

    I'm being sued over debt that is several years old from Wal-Mart that was sold to a third party. I've never experienced this before so I didn't know what they could legally do in Texas- what I've read says they can't garnish wages or take my car. Is that true?
    Yes. The Texas Constitution prohibits wage garnishment as does the personal property exemption statute:

    http://law.justia.com/codes/texas/20...-a/chapter-42/

    As for the car, it's included in the general personal property exemption of $30,000.

    Unfortunately, in spite of the exemptions, a judgment will allow the creditor to go after your bank account.

    Quote Quoting tls7027
    View Post
    Is it better to contact the company to set up a small payment plan? I don't know how to handle this. I'm a full time student with a child and my fiancÚ has the only income in our home so there isn't much to give.
    Yes, you can contact the creditor and offer a payment plan.

    However, you need to make sure you have some money to pay them right now. If you don't, they aren't likely to pay any attention to your request and will go right to judgment. That's because talking about paying is not paying, paying is paying.

    If you do get them to accept a payment plan make sure you get a written agreement to dismiss the lawsuit and make sure you get the dismissal paper in exchange for the first payment.

    Also make sure you don't write checks to the creditor from your bank account. You do not want to identify your bank account to the creditor. Use USPS money orders.

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