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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a credit card company wins a judgment against you, in the

Resolved Question:

If a credit card company wins a judgment against you, in the state of Texas. Can they freeze you bank account or take money out of it? Also, if you file bankruptcy will it totally wipe out the debit including liens, if they have attached any?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

 

In Texas your wages are exempt, however if their is non exempt money in your bank accounts that can be garnished. If you file for a chapter 7 bankruptcy all of your debts would be discharged, and in terms of liens, your attorney can remove the liens, by filing a motion in bankruptcy court to remove any liens,.

Customer: replied 6 years ago.
I understand they cannot garnish wages but I put my wages in my back account. Is that when is become "non exempt" money? I need clarification on "non exempt money"
Expert:  WALLSTREETESQ replied 6 years ago.

If your account is being your wages cannot be taken, as they are exempt, you would advise your bank that the wages are the only thing deposited and file an exemption claim.

 

 

To the very limited extent garnishment is permitted in Texas, it is subject to the federal maximum garnishment threshold (applies everywhere), which allows the lesser of the following may be garnished:

  • A total of 25% of disposable income, other than for taxes and child support; or
  • The amount by which a debtor's weekly income exceeds 30 times the minimum wage

"Disposable income" is income left after legally required paycheck deductions, such as withholding for FICA. As a result, most income is "disposable income" subject to garnishment.

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