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Here is some information that I hope is helpful:

FINANCIAL INSTITUTION AS GARNISHEE. Service

of a writ of garnishment on a financial institution named as the

garnishee in the writ is governed by Section 59.007 & 59.008, Texas Finance Code.

My two centavos,

mwh19991

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They have to know where you bank at, and your account number. Plus they have to have a judgement.

Do they have this info?

They can get your account info by sending you a small check and having you cash it. Don't ever cash these kinds of checks, at least not in your accounts.

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the OC would have the info, i always paid by check. and they seem to have lock, stock and barreled every piece of info they had on me to the CA.

there is no judgement, i was under the impression from some ppl here that there didnt have to be. but wading thru all these statutes now i think you may be correct.

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They can't do anything to you until they have a judgement, I'm not 100% sure about other states, but here in Texas that's the law.

They can't garnish your wages, or touch most of your personal property (upto 30k for single and 60k for joint). But once they get a judgement, they can empty your bank accounts, if they know where they are. Read that thread I posted up above.

And just because they can't legally touch your bank accounts till they have a judgement, doesn't mean an evil CA won't do it anyway.

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yep, read it, good info, i do like the cyberspace banking idea, since i'm here all the time anyway.

i dont think the CA i am dealing with are the evil kind, they seem more the stupid kind who havent had anyone challenge them before. but they could just be playing dumb.

so i still want all my bases covered, specially after the letter i just sent them. they will either back off or i sue in the next few weeks, so i didnt want them sneaking in and doing anything to my bank account.

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There would usually have to be a judgment prior to levying bank accounts. It's easy to locate bank accounts in the USA as all banks release information on their customers. No, you cannot instruct a financial institution to lock your account. They would be at law to comply if an officer of the court or law enforcement agent shows up with a writ, etc. They can even charge your account for time and trouble, usually $50.

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the texas law seems to state that they can only go for the bank account once they have a judgement and all appeals have been foreclosed by law.

to me that says that even if they got an initial judgement, they couldnt do anything re bank account until the appeal process was over.

an interesting bit says

© The customer bears the burden of preventing or limiting

a financial institution's compliance with or response to a claim

subject to this section by seeking an appropriate remedy, including

a restraining order, injunction, protective order, or other remedy,

to prevent or suspend the financial institution's response to a

claim against the customer.

to me that sounds like even if they did have a proper judgement, i could file to stop them from touching the account anyway.. but i have no idea what reasoning would be needed to file this. anyone got ideas?

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The legal process is similar with all 50 states. You would preclude a successful writ of levy by filing motions and appeals until the court finally decides it's over. That is the interpretation of that passage of law. For most people the expenses incurred would probably not be worth the hassle especially if lawyers on the clock are involved. An easier solution would be to launder money in a foreign country or file bankruptcy.

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An appeal will not stop garnishment in Texas (absent filing a bond), and there is no waiting period after a judgment is signed before garnishment can occur. In fact, an alleged creditor can garnish before judgment.

please enlighten me as to how this is done:

filing a bond

alleged creditor garnishment before judgement

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yep, read it, good info, i do like the cyberspace banking idea, since i'm here all the time anyway.

i dont think the CA i am dealing with are the evil kind, they seem more the stupid kind who havent had anyone challenge them before. but they could just be playing dumb.

so i still want all my bases covered, specially after the letter i just sent them. they will either back off or i sue in the next few weeks, so i didnt want them sneaking in and doing anything to my bank account.

Never make the mistake of underestimating the raw power of raging debt collector stupidity. It's an awesome force. :shock:

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