In the State of Texas Does the Court Allow Bank Account Garnishment in Judgment Cases?
We have a collection agency who filed suit on a car we let go back. They sold the car and this is the balance. We offered half of what they are sueing for but they did not accept. Now they are sueing and we fear they will win a default judgment. We are afraid they will be able to garnish our checking account. We are both senior citizens and can not afford what they are requiring to be paid
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BANKRUPTCY PROPERTY EXEMPTIONS (Texas Revised Civil Statutes Annotated):
First, in most cases, a creditor can not get a writ of garnishment without first going to court and getting a judgment against you. Once a creditor has a judgment he may use what is called a writ of garnishment to get money or property that you are "owed" by another person. For example, when you put money in a bank account the bank has an obligation to return that money to you. In effect, they are a debtor and owe you the money. A creditor with a writ of garnishment may garnish these funds and take them to satisfy the judgment.
Your best bet would to open a checking account in another state. Texas law only provides garnishment in banks registered in Texas. Out of state banks are exempt.
If your income is from Social Security, SSDI, or VA compensation, then those funds can not be garnished.
Wait.
The OP said “they fear they will win a default judgment,” which means they haven’t yet. The only way to avoid a default judgment is to actually answer the lawsuit. A general denial is fine but be sure to assert appropriate affirmative defenses. And then actually GO to court. You deserve your day in court. You may lose but why make it easy for them? Try to track down a hungry young lawyer with a new solo practice. He may write your answer for a reasonable fee. Another alternative would be some sort of legal aid foundation. Call your state bar association and get some numbers.