Ms. Myers,

Thank you for your comment. I apologize for the delay in my response to your concerns. First of all, a growing number of credit card companies and debt collectors are filing lawsuits on delinquent debt accounts. It’s just another tactic that debt collectors are using to pressure debtors into settling their debts. However, as I stated in a recent blog regarding “Credit Card Defense”, always make sure that you never ignore these suits. Most debt collectors assume that people will not answer these lawsuits in the required time and obtain a default judgment. Never let a creditor or debt collector obtain a default judgment!!! Always answer the lawsuit and seek adequate legal representation to defend you in these types of lawsuits. An attorney may be able to get the case dismissed, or in other cases may be able to get a better settlement offer from the creditor or debt collector. Generally in Texas, the statute of limitations to bring a lawsuit on an unsecured credit card debt is four (4) years. Although, some debt collectors will still attempt to collect on debts outside the statute of limitations, once again this is another reason why an individual should seek legal counsel and never let a creditor obtain a default judgment.

In regards to your next question, in Texas generally a creditor or debt collector is prohibited from garnishing your wages. There are some exceptions to this general rule such as government entities like the IRS. A credit card company or its debt collector can not garnish your wages. However, they can garnish your bank account. They can garnish your bank account in some cases even before they obtain a judgment on the debt by obtaining a prejudgment garnishment, but this is not rarely done because the creditor has to comply with strict requirements by the court. Most creditors wait until the obtain a judgment from a court before they garnish an individual’s non-exempt property such as a bank account. Before a creditor can garnish your bank account they have to discover where your bank account is located. A creditor can only garnish your bank account for they amount legally obtained in the judgment, and they only garnish your bank account for the amount that is in your account at the time. Thus, if they have a judgment for $5,000, but you only have $1,000 in your bank account. They can only garnish your account at that time for $1,000. They can not cause your account to become overdrawn. Although, must creditors will attempt to do this, especially if your credit card and bank account is with the same financial institution. If this is the case, then you might want to think about changing to a different bank.

Lastly, once a creditor obtains a judgment, the creditor must perfect that judgment by executing and recording a judgment lien. This judgment lien lasts for ten (10) years from the date of recording. At the end of the ten (10) year period, a creditor must record a new abstract of the judgment to keep the judgment alive. In other words, as long as a creditor records the judgment lien every ten (10) years, the judgment stays alive until satisfied.

I hope you find this information beneficial, and more importantly I hope that I was able to address the concerns raised in your comment. Thank you again for your response. Please feel free to contact to me should you have any additional questions or concerns.

Ms. Allen:

Thank you for the response, without knowing more details, I am unable to really provide you with a more definitive answer as to whether you have a case or not. However, I would more than happy to discuss this matter further with you to determine what legal options you may have available. Potential causes of action in cases such as this include violations of the Federal Debt Collection Practices Act, Texas Debt Collection Practices Act, as well as other consumer protection laws. Feel free to contact me to set a convenient time for us to discuss this matter further. Thank you again for your response, and I look forward to hearing back from you.

J. Cole Brooks,
Attorney & Counselor At Law