Can The Court Seize My Bank Account?

[SIXPAK GQ]

can I court put a order to seize bank account, vehicle and other assets?

[unusualsuspect]

If your creditor gets a judgment then yes they can.

Everyone on the board has told you this in the 20 other posts that you've done. Re-read those-- the answers are all there.

[SIXPAK GQ]

If your creditor gets a judgment then yes they can.

Everyone on the board has told you this in the 20 other posts that you've done. Re-read those-- the answers are all there.

ok how long can they seize my account? how many days?

[unusualsuspect]

In TX, it's 10 years. (help me out TX people)

The judgment can be renewed indefinietly too after the 10 years has passed.

[SIXPAK GQ]

In TX, it's 10 years. (help me out TX people)

The judgment can be renewed indefinietly too after the 10 years has passed.

so that means my bank account can be seized until the debt is paid off?

[cjtx]

a lot of personal property is exempted in TX from debt collectors, including your homestead, and car. Your wages and 401K are also exmpt. They can send a constable to execute a judgment and seize non-exempt property which will be auctioned off towards your judgment.

Also, they can garnish your non-exempt bank accounts until judgment is satisfied.

[direred]

If your creditor gets a judgment then yes they can.

Everyone on the board has told you this in the 20 other posts that you've done. Re-read those-- the answers are all there.

Yes, but we haven't given him the answer he wants yet.

I suppose he might be happy if we told him that the court could order aliens to come down and beam all his property away.

[zfire]

Okay .. I live in TEXAS.

The only option you now have is defending yourself. If you leave your money in the bank, and they win the lawsuit, which means they get a judgement against you, then they are going to

take your money.

You think that some magic potion is going to keep them from filing for an order to freeze your assets?

WRONG!

All they have to do is get it done, and Poof

your cash will be gone.

I do believe judgements are renewable here. so it is 10 plus 10 if the thing isn't paid.

I don't know if you don't want to believe us, or if you think you will get a magic answer that will fix everything...but it isn't going to happen that way.

Please, go read the Sticky's. You do this: Hit search. Type in "Sticky." There is an abundance of info

there regarding your situation.

Why don't you go see an attorney? They also have legal aid if you can't afford an attorney.

THE END!

zfire--who has had a lot of patience until now!

[SIXPAK GQ]

a lot of personal property is exempted in TX from debt collectors, including your homestead, and car. Your wages and 401K are also exmpt. They can send a constable to execute a judgment and seize non-exempt property which will be auctioned off towards your judgment.

Also, they can garnish your non-exempt bank accounts until judgment is satisfied.

what is a non-exempt bank account?

how can i protect my bank account if a judgement is filed?

what are non exempt property in tx?

[SIXPAK GQ]

Okay .. I live in TEXAS.

The only option you now have is defending yourself. If you leave your money in the bank, and they win the lawsuit, which means they get a judgement against you, then they are going to

take your money.

You think that some magic potion is going to keep them from filing for an order to freeze your assets?

WRONG!

All they have to do is get it done, and Poof

your cash will be gone.

I do believe judgements are renewable here. so it is 10 plus 10 if the thing isn't paid.

I don't know if you don't want to believe us, or if you think you will get a magic answer that will fix everything...but it isn't going to happen that way.

Please, go read the Sticky's. You do this: Hit search. Type in "Sticky." There is an abundance of info

there regarding your situation.

Why don't you go see an attorney? They also have legal aid if you can't afford an attorney.

THE END!

zfire--who has had a lot of patience until now!

what if i close all my bank accounts? and give my cash to a family member?

[SIXPAK GQ]

the amount that I am being sued is more then what is listed in transunion profile.

[CarolinaBlueEyes]

its simple.. you are sued they can take your bank account.. non exempt means something like a 401K and yes they can hit it anywhere anytime until its paid off... what is it you have trouble understanding here..

I dont mean to be rude but you asked this four times the answer is not going to change

[SIXPAK GQ]

its simple.. you are sued they can take your bank account.. non exempt means something like a 401K and yes they can hit it anywhere anytime until its paid off... what is it you have trouble understanding here..

I dont mean to be rude but you asked this four times the answer is not going to change

they can go after my 401K in Texas?

to avoid a default judgement, i am going to respond to my citation...what happens next?

[direred]

Gosh, you know, I'll just have to look into my crystal ball and see.

I see someone 70 years old who's never really owned anything because it was more important to him to keep from paying a debt than it was to prosper and make his past failure irrelevant.

[SIXPAK GQ]

i am trying to get out of this at the least possible damage for me money wise

[LadynRed]

First of all, you need to stop running around like a chicken with it's head cut off and READ AND LEARN ! 99% of your answers are already here in our stickies in these forums ! You can find TX exemptions listed in a sticky too.

Now..

what is a non-exempt bank account?

Exactly what it says.. NOT EXEMPT - generally cash in ANY bank account with your name on it is fair game and they WILL find it. Since they cannot garnish wages in TX, they will go after everything else they can.

how can i protect my bank account if a judgement is filed?

Short answer -- NOTHING. If it's not exempt (it's not), it's history.

what are non exempt property in tx?

Anything that is not EXEMPT. Read the stickies to find the TX exemptions. Anything NOT on that list is reachable by the judgment creditor.

Oh, and judgments can be renewed until hell freezes over in TX, so it's NOT going away.

what if i close all my bank accounts? and give my cash to a family member?

Not gonna work. Since you've already been sued, ANY transaction like that meant to put assets out of the reach of a judgment creditor is seen as a fraudulent transfer and can (and likely will) be REVERSED by the court. If you give it to a family member, they'll go after that family member to retrieve it. Do you really want to risk that ???

the amount that I am being sued is more then what is listed in transunion profile.

Oh please, what's on your reports is not going to include court costs, attorney's fees and maybe not even YEARS of interest at the default rate !

they can go after my 401K in Texas?

NO - 401K's and qualified retirement plans are exempt.

i am trying to get out of this at the least possible damage for me money wise

Then you have few choices - call the lawyers ASAP and negotiate a settlement, or file for bankruptcy. Once it goes to judgment, you have next to no hope of paying anything but the FULL amount PLUS statutory interest that will be added as long as the judgment goes unpaid.

Now... go do your own reading !

[SIXPAK GQ]

First of all, you need to stop running around like a chicken with it's head cut off and READ AND LEARN ! 99% of your answers are already here in our stickies in these forums ! You can find TX exemptions listed in a sticky too.

Now..

Exactly what it says.. NOT EXEMPT - generally cash in ANY bank account with your name on it is fair game and they WILL find it. Since they cannot garnish wages in TX, they will go after everything else they can.

Short answer -- NOTHING. If it's not exempt (it's not), it's history.

Anything that is not EXEMPT. Read the stickies to find the TX exemptions. Anything NOT on that list is reachable by the judgment creditor.

Oh, and judgments can be renewed until hell freezes over in TX, so it's NOT going away.

Not gonna work. Since you've already been sued, ANY transaction like that meant to put assets out of the reach of a judgment creditor is seen as a fraudulent transfer and can (and likely will) be REVERSED by the court. If you give it to a family member, they'll go after that family member to retrieve it. Do you really want to risk that ???

Oh please, what's on your reports is not going to include court costs, attorney's fees and maybe not even YEARS of interest at the default rate !

NO - 401K's and qualified retirement plans are exempt.

Then you have few choices - call the lawyers ASAP and negotiate a settlement, or file for bankruptcy. Once it goes to judgment, you have next to no hope of paying anything but the FULL amount PLUS statutory interest that will be added as long as the judgment goes unpaid.

Now... go do your own reading !

my bank account is my own worry. I am not sure if they can go after that in Texas. I was unable to find the sticky for Texas. can you get me the link please. I can make a money order to a family member right?

well i will be responding to the citation I got, i have 19 more days. that means i do avoid a default judgement right? i wonder what happens next

[CarolinaBlueEyes]

they CAN go after your bank account in texas... not a 401K or the home due to your states homestead laws.. but your accounts can and more then likely will be garnished

[divemedic]

You are being given good advice, but you seem to be asking the same questions over an d over, in hopes of getting the answer you want.

[SIXPAK GQ]

they CAN go after your bank account in texas... not a 401K or the home due to your states homestead laws.. but your accounts can and more then likely will be garnished

so if i get a judgement on me...i will lose my cash assets right.

what if i work things without and bank accounts?

they cant garnish wages

[SIXPAK GQ]

my best bet is to settle for less? will they accept my offer?

[DEBTX]

I remember your posts from the other day. In the time being

we were served with arbitration (meaning we lose) papers.

In it they had a settlement amount in their cover letter.

We will try to call and offer a payment option, but if it

is with the same high interest rate (29.99% and a

quickly assessed late fee of 39.99) with this situation,

we will not be able to pay down the amount.

They most likely don't want straggly payments coming

in. MB (I have read about here) prefers very high

dollar payments that quickly cover the total in a

few months.

We are now looking into contacting a bk att.

You seem as if you are worrying about this and

considering which assets can be seized and what

you should do about it. True, tx may be a more

protected state, but once they get a judgment

it appears to be the creditor's advantage.

Many others are in this same boat. If you cannot

afford the payment plan they offer, then consider

the remaining options.

Make a payment offer and call them, there is no

way anyone can predict if they will accept it.

Only do get the payment plan in writing.

You seem to think your only option is trying

to protect your assets by your own juggling

and creativity. This will wear you down and

as others have stated may not even work

(you would trust a family member with your

living expenses money?).

Call and ask them what they will accept and

how much. Then go from there.

In my situation my husband seems to think

just flat out ignoring the whole thing will

solve this dilema. He is totally noplussed

with having a judgement liened on our

home.

Ignoring and creativity

with assets are obviously not the answers.

[Tazjeepcj7]

Maybe you could take out a loan against your 401K account to pay off your creditor?

[SIXPAK GQ]

Maybe you could take out a loan against your 401K account to pay off your creditor?

that is shooting myself in the foot!

[SIXPAK GQ]

I found a lawyer that has done many cases with Hudson. She said she has never lost with Hudson and will dismiss this for me. But her costs are $1000-1500. is it worth it?