NASCAR_Devil Posted April 12, 2008 Report Share Posted April 12, 2008 A well known JDB was awarded a default judgement against my DW a few years ago that has now crept back into the picture. Recently she received a letter from them stating that court rules allow them to subpoena her for an asset deposition but they, as a courtesy, will allow her to voluntarily answer and return a series of questions. They want home owner, bank account, stock and asset information. If we do not answer, she likely will get a knock on the door from a constable with a subpoena. I've been reading on Texas exemptions and have only managed to confuse myself. What exactly can they do if she does not respond? Link to comment Share on other sites More sharing options...
montanatim Posted April 12, 2008 Report Share Posted April 12, 2008 Just what you thought, call her back into court for an asset hearing. She will be under oath. Link to comment Share on other sites More sharing options...
m2aclark Posted April 14, 2008 Report Share Posted April 14, 2008 Texas is sticky, they can look into assets like stocks, etc. They cannot lien a property with a homestead exemption and they cannot touch wages or bank accounts containing wages. They can however execute a sheriff's auction if they deem you have enough non-exempt assets. Wait for a subpoena for deposition, they are likely outside of the time frame for motion to vacate. It's a little late, but the good news is you still have some leverage. Answer the questions honestly when you get in there, but as always, do not admit to the amount owed, and stick behind "I don't have anything"What type of debt was it? I went through this myself some years ago with a car that was stolen and they never applied insurance or auction price after it was recovered. A real nightmare, but they came down from wanting 7k to 1500 and gave me 12 months to pay it. Link to comment Share on other sites More sharing options...
NASCAR_Devil Posted April 15, 2008 Author Report Share Posted April 15, 2008 Texas is sticky, they can look into assets like stocks, etc. They cannot lien a property with a homestead exemption and they cannot touch wages or bank accounts containing wages. They can however execute a sheriff's auction if they deem you have enough non-exempt assets. Wait for a subpoena for deposition, they are likely outside of the time frame for motion to vacate. It's a little late, but the good news is you still have some leverage. Answer the questions honestly when you get in there, but as always, do not admit to the amount owed, and stick behind "I don't have anything"What type of debt was it? I went through this myself some years ago with a car that was stolen and they never applied insurance or auction price after it was recovered. A real nightmare, but they came down from wanting 7k to 1500 and gave me 12 months to pay it.It's for an unsecured credit card. The amount is significant so it needs to be addressed but was hoping I could get my credit in decent enough shape to get a loan to pay it off. Link to comment Share on other sites More sharing options...
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