bankruptcy texas laws
what does it mean when a creditor has a judgement on me? I was just laid off and they are threatening?
to have me arrested. Can they do this? I’m contemplating bankruptcy and I know the laws for bankruptcy in Texas and I can keep my car and what little I do own and they can’t touch my child support. The SOL (statute of limit) is up next year. Can I just wait it out?
Ok, I would like to see a direct answer from Landlord, SCH, or Spiff. ( Doubt I will get one) By the way, my email is turned on if you care to respond to me directly. I never hide behind my answers.
Please point out where, and under what specific circumstances, someone can be placed in jail simply for owing a debt.
Read this very carefully…I am not talking about a “judgment”, as that can be either a civil or criminal judgment. I want to see a source of a law that will toss someone in jail over a debt…ie a civil judgment.
And I’ll even give you the benefit of error by saying that every state does have different laws…but I know of no state that allows this! In Michigan, the ONLY time you can be jailed for a civil judgment is when you fail to respond to a “judgment debtor” summons. This is when the judge demands that you disclose your income, property, and employment information. If you don’t do that, you can be held in contempt.
A judgment in a civil matter does not include the imposition of a criminal sentence. The court does not collect the judgment for you. The Judge has no power to collect on a judgment other than by the issuance of writs.
I get extremely annoyed when creditors threaten to toss people in jail. And guess what? So does the FTC. It is against the law for a collection agent to threaten to through you in jail for an unpaid debt, or to threaten to take any legal action they can not legally do! You can sue them for $1000 if you can prove it.
OK, so lets answer the question and shoot down a couple more lies.
Yes, if you file bankruptcy the judgment is included, and will be discharged. Only judgments ordered as part of restitution can not be discharged (and in a few other situations). You listening, Landlord? What the heck is a “traditional debt vs court order” anyway?
Do you even have a judgment against you? This point is being overlooked by the other responders. Remember, this is a collection agent! They will lie to their mothers if they can get your money. Telling the debtor they have a judgment is a classic scare tactic! So you need to contact your local court and see if they have a judgment on you. I’m going to bet no.
Why? Because in Texas wages are NOT garnishable. You already know this, as you’ve researched it and found out that child support can’t be touched either. They can go after you bank account, but if your only income is that child support they can’t touch that either, without some clever legal maneuvering.
So knowing this, the collection agent is going to really turn up the heat, and harass you much more, because he knows a judgment will be a waste of his time!
So here is what you do. Find out if you have a judgment. If not, then the SOL is going to expire. Just ignore these guys. Remember, they can sue you but they can’t collect. You are considered “judgment proof”.
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