My husband and I got a Sears and Roebuck charge account. We made payments for a long time then hit a long line of financial unrest. I have not paid on this account in a VERY long time.(The debt is from 2000) I just had a creditor call and tell me that a lein can be put on my house for failure to pay or wage garnishment. In the past we considered filing bankruptcy but the attorney encouraged us not to because in texas they can only harass you about the debt, they can not legally do anything about it. Has the law changed in the last few years?
2006-07-14 10:28:06 · 5 answers · asked by johnmari6996 1 in Politics & Government ➔ Law & Ethics
YES.
2006-07-14 10:39:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The advise by Strangedaze is pretty good.
To place a garnishment against you they first need to obtain a judgment. The statute of limitations (and I will take his word on what it is in Texas) applies from the date that the last payment was made.
All debt collectors are governed by the Fair Debt Collection Practices Act. This prohibits certain types of conduct, including, (but not limited to) the threat of legal action if (a) the creditor cannot do so and/or (b) the creditor has no intention of doing so. Whether the person calling you on the phone was aware that the statute of limitations has (possibly) expired is uncertain. However, what IS certain is that with a very, very few exceptions. a prejudgment garnishment is not permitted.
One thing you can do, however, is send a letter, by certified mail, return receipt requested, to the collection agency. In that letter, inform them that all further communication will be in writing, and that they are not to communicate with you by telephone. If, after the date that they receive and sign for the letter, they do so, contact your attorney.
If you have further questions concerning your rights, you should consult a local attorney. If you don't have one, call your local or state bar association for a referral.
2006-07-14 14:13:13 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Only with a court order judgment against you. Meaning they have to sue you. And if they did and you did not know about it you can show that there was improper service and no peronal jurisdiction over you and get the order dismissed.
Creditors are really bad at not knowing the law. And I would advise you not to pay the debt. In Texas there is a four year statute of limitations to collect on a debt once it is past due, they have no claim against you.
If they would have laid a claim within the four years they could have come after you in court, no they are just blowing smoke. Write them a letter to not contact you anymore and they will by law have to stop.
2006-07-14 13:22:05 · answer #3 · answered by strangedaze23 3 · 0⤊ 0⤋
To make this an elementary answer. I take human beings to courtroom all the time, garnish their wages and placed liens on their factors. the corporation might desire to get a judgment in the previous the can garnish your wages. SLIMICK is sweet whilst he says you will no longer be able to do employment verification by capacity of pulling a persons' credit; whether, relatively some situations as much as date employment is on a persons' credit checklist. i exploit this methodology to hint human beings down all the time. in case you relatively think of they understand the place you paintings, or in case you ever desire to owe a house, or build your credit then i might attempt to make preparations to pay. yet, do no longer supply the corporation any new own strategies: employment, new address, do no longer pay with a mastercard or a private examine.
2016-12-14 08:11:16 · answer #4 · answered by ? 3 · 0⤊ 0⤋
If they sue and win, then they can take a garnishment out of your check
2006-07-14 10:33:58 · answer #5 · answered by benninb 5 · 0⤊ 1⤋