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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Can a debt collection company seize bank accounts in Texas

Resolved Question:

Can a debt collection company seize bank accounts in Texas if a judgment is in a different state?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
Is this a bankruptcy question?
If the debtor filed bankruptcy, the collection action must stop due to the automatic stay protection.
Customer: replied 7 years ago.
The debtor has not claimed bankruptcy
Expert:  Terry L. replied 7 years ago.
While it may be possible to collect on a debt in texas, there are several hurdles. Proper execution and possible Texas exemptions from collection.   First, you must take the correct legal steps before you can enforce the judgment. You need/should to contact a collection attorney in Texas for specifics on how to register your sister-state judgment properly before you can collect on the judgment. Then, there may be exemptions available in texas that the debtor may be able to use to protect certain assets as well. You are then only able to collect from any unexempt assets. Check with the collection attorney, as you may need to provide notice of collection with the place you properly record the judgment for recognition in Texas. Good luck.
Customer: replied 7 years ago.
I am the debtor, not the creditor, so my concern is whether this collection co. can seize my bank accounts here, and if so, putting the accounts in my husband's name only.
Expert:  Terry L. replied 7 years ago.
Any creditor can collect from you, but only once they file the proper channels. I looked at the exemptions, and they are very generous in Texas. If you get notice of further proceedings, then you can look to make sure you properly claim your exemptions. You may want to hire an attorney to assist. Transfers of assets to hide them can be undone, as that is unfair, and borderline fraudulent, so that is usually not a good option.
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