Can a credit card company seize money from your bank account or garnish wages with a judgement against you for unpaid debt?

During the sale of my home, I found out there was a judgement 3 years ago against my former husband and I. I’m trying to negotiate a payoff (although I never used this card) and I understand the situation as far as the home sale is concerned. But so far, the company is refusing to negotiate and indicating they will “take” money from me even if I do not sell my home. Can they get into my bank account or garnish wages?

Asked on October 14, 2011 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a judgment against your former and no part is satisfied and apparently there is a recorded abstract of judgment on your home where your former husband was on legal title to it (or is presently on legal title) the judgmenbt creditor has the right to levy upon you bank accounts and/or garnish your wages owed you by your employer (assuming the judgment is a community/marital obligation) for full or partial satisfaction of it.

If this judgment against you husband was not addressed in your marital dissolution action, it is highly advised that you consult with a family law attorney regarding how to best resolve it and how to get the judgment recorded upon your home paid off so the lien is removed.


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