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What happens if a creditor gets a judgment against me?

December 23, 2013

After a creditor obtains a judgment for a suit on a debt they can use the judgment to start to collect. The judgment creditor can attempt to collect any non-exempt property. This usually means money in your bank account. The judgment creditor will still need to file the appropriate attachment writs to start to garnish the bank account. The time frame on this will depend on how quickly the creditor files the paperwork. The creditor will be able to collect any funds in the account. In other words if there is $10 in the account they can take the $10. Otherwise they will continue to hit the account until the judgment and post judgment interest is satisfied.

One short term solution to avoid your bank account from being garnished is to change bank accounts to a new bank. You would then need to change all direct deposits to the new account. The problem there is a judgment in Texas is good for 10 years and can be renewed after that. So the creditor will be able to request post-judgment discovery and can locate the new bank account.

The long term fix would be to work out a repayment schedule with the creditor or to file for bankruptcy relief to discharge the obligation. If a creditor has obtained a judgment against you contact the experienced attorneys at Fears | Nachawati. For more information and a free consultation call us at 1.866.705.7584 or send an email to fears@fnlawfirm.com.

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