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Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 32559
Experience:  JD
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My husband was an accident and out of work. We are very

Customer Question

My husband was an accident and out of work for months. We are very behind on credit cards and have had our loans charged off. What will happen if we don't pay our credit cards?
Submitted: 5 months ago.
Category: Bankruptcy Law
Expert:  Texas Atty replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It will hurt your credit, of course.

At some point they can file suit against you but it's very hard to collect on a judgment in Texas so long as you don't put money in the bank. They can't garnish wages until they hit the bank and there is very little property they can grab.

Expert:  Texas Atty replied 5 months ago.

So, essentially all they can do is garnish a bank account if you put any money into it.

Customer: replied 5 months ago.
Our bank account has my mother in law on our bank account, so can they take it from there. So really they can't do much other than harrass us?
Expert:  Texas Atty replied 5 months ago.

Yes, they can take it from your bank account if your name is ***** ***** regardless of who else is on the account as well.

Customer: replied 5 months ago.
as long as his check is going to a bank account with any names they can garnish? So he could not deposit it to an account with just my name?
Expert:  Texas Atty replied 5 months ago.

For a while. Eventually they will track the check into your account and then start garnishing your account if they know what they are doing.

What kind of check is he getting?

Customer: replied 5 months ago.
A check from work.
Expert:  Texas Atty replied 5 months ago.

They can seize that kind of money. If he were getting Social Security retirement, or a few others then they can't grab the account with that money in it but a check from the employer is still garnishable when it hits the bank.

It would be better, at some point, if he would just cash the check and then use the funds.

However, they can't garnish a bank account until he has been sued and they have gotten a judgment and that is till a ways off so he's safe using his own bank account until he gets sued and is almost at the point of a judgment.

Customer: replied 5 months ago.
Ok so at this point were ok and when we get sued if we do, we need just have the company give us a paper check but our home and cars ok
Expert:  Texas Atty replied 5 months ago.

Yes, homesteads in Texas are safe as are most vehicles and particularly if you owe on them.

Customer: replied 5 months ago.
If we pay them off would it be better to place in a family members name
Expert:  Texas Atty replied 5 months ago.

Yes, a good lawyer will go back over all transactions for the last few years and try to reverse them but most lawyers doing debt collection aren't the best.

Customer: replied 5 months ago.
Ok how long can they go after you
Expert:  Texas Atty replied 5 months ago.

In Texas the Statute of Limitations is four years from the date of the last payment.

Customer: replied 5 months ago.
after the 4 yrs we can have the bank account with out issues
Expert:  Texas Atty replied 5 months ago.

Yes, you should be able to do that.

Customer: replied 5 months ago.
If we had a prepaid credit card during the time they were tryingbto sue and collect money, could we use a prepaid credit card, and also do medical bills work the same way?
Expert:  Texas Atty replied 5 months ago.

Yes, to both of those.

Customer: replied 5 months ago.
Ok thank you
Expert:  Texas Atty replied 5 months ago.

You're very welcome.

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