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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16242
Experience:  Licensed Texas General Practice Attorney
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Can a company holding a judgement against someone access,

Customer Question

can a company holding a judgement against someone access, freeze, or withdraw from that individual's bank accounts or otherwise garnish their income?
Submitted: 8 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 8 months ago.

Thank you for using JustAnswer.

It depends. Can you tell me what state the judgment debtor lives in?

Customer: replied 8 months ago.
TEXAS
Expert:  ScottyMacEsq replied 8 months ago.

Thank you. Please give me a few minutes to type a response...

Expert:  ScottyMacEsq replied 8 months ago.

Thank you. Generally speaking, no, because garnishment is not allowed in Texas. Texas prohibits wage garnishment entirely for most debts. But your wages can still be garnished to satisfy debts for child support, alimony, taxes, and student loans.

Bank accounts CAN be garnished and levied. Only if the income itself is exempt (such as Social Security income) can they not levy / garnish the bank account, but the bank account would need to be put on notice regarding that fact. Otherwise, it's still possible that this could happen.

Now the company can't do this with JUST a judgment. Rather, they have to have what's known as a "writ of garnishment" or "writ of attachment", etc... to be able to do so, and can only do so within the confines of that document. So technically they need more than just the judgment, but they can still get such a writ from the court.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 8 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Customer: replied 8 months ago.
thank you!
Expert:  ScottyMacEsq replied 8 months ago.

My pleasure.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only then I am credited.

Expert:  ScottyMacEsq replied 8 months ago.

Again, please rate this so that I get credit for it. That's required...

If you can't see the stars, you may need to scroll up/down/left/right so that you can see them. Again, please note that you have to click the rating and submit it for the question to close out and for me to get credit for the answer I provided.

Expert:  ScottyMacEsq replied 8 months ago.

Can you see where you need to rate this?

Expert:  ScottyMacEsq replied 8 months ago.

Hello?

Expert:  ScottyMacEsq replied 8 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

If you can't see the stars, you may need to scroll up/down/left/right so that you can see them. Again, please note that you have to click the rating and submit it for the question to close out and for me to get credit for the answer I provided.

Expert:  ScottyMacEsq replied 8 months ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only then I am credited.

Expert:  ScottyMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?