Creditor vs. Debtor Rights in Texas - Herrin Law
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Creditor vs. Debtor Rights in Texas

image of debtor and creditor signing agreement

Creditor vs. Debtor Rights in Texas

Outside of Bankruptcy, Creditors have a lot of power. If they file a lawsuit and obtain a judgment, they can severely impact your life and your finances.  The first thing a judgment creditor can do is garnish your bank account. In some situations, depending on where your employer is located, they also may be able to garnish your wages. The Texas Constitution prohibits wage garnishment but if your employer operates in another state that allows for wage garnishments, then your creditor will be able to garnish your wages. 

Finally, they can use post-judgment discovery to harass you. If you fail to answer the post-judgment discovery or fail to answer it accurately, they can file a motion to compel with the court and a judge can order you to comply with the requests.  They can depose you (which is where you meet with them and they are able to ask you questions about your assets under oath). 

Aggressive creditors can make your life very difficult. However, Bankruptcy can stop a creditor in their tracks. When you file a bankruptcy, the automatic stay operates to stop all collection activities, which includes all of the above activities. Even if a creditor was able to garnish your wages or bank account, if you file bankruptcy shortly thereafter, they may be forced to return that money to you. 

Another tactic creditors use is to call and harass Debtors. They sometimes will call your employer, friends or family as well trying to force you to pay the debt back on their terms. Bankruptcy stops all collection calls and in many cases allows you to discharge the debt or pay it back on terms that are very favorable to you. 

If you want to discuss your financial situation in more detail you can call 469-607-8552 and set up your free financial strategy session (30 minutes).  Also, if you decide to hire my law firm and mention this blog, you will receive a 10% discount on your fees.