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

UPDATED: Oct 14, 2011

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UPDATED: Oct 14, 2011Fact Checked

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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