If a credit card company has been awarded a judgment against me, can they access my bank account and take money?

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If a credit card company has been awarded a judgment against me, can they access my bank account and take money?

I live in MO, a state that garnishes wages and I’ve heard a creditor can access your bank account and take whatever is there. My only account is in a credit union in TX, a state that doesn’t allow these things. I recently went to court over the debt and a judgment was rendered against me. The credit card company’s lawyer told me if I couldn’t make the payments, they could garnish my wages. I recently lost my job so there’s none to be garnished. I do own my car (fully paid). Could they take that? What can I expect to happen?

Asked on June 30, 2011 under Bankruptcy Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all any protection under TX law is only afforded to residents of TX; this is not your situation. Additionally, even if you were a TX resident, garnishment is only prohibited in the case of wages.; credit unionaccounts do not qualify. As for your other assets, only non-exempt assets can be seized; exactly what those are vary from state-to-state. At this point you should discuss your situation directly with an attorney in your area.


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