Judgment Proof in Texas

When someone says they are “judgment proof” it means that they do not have any non-exempt property that a creditor can collect.  Although a creditor may have a hard time collecting from you, this is no reason to simply ignore a lawsuit and take a judgment. 

Consumers are usually surprised to hear that creditors can still garnish your bank accounts in Texas because money that you have in the bank is not considered “wages” under Texas law.  Once you deposit the funds, they are fair game for creditors.

Creditors also have every right to send you questions to answer called post judgment discovery and if you fail to adequately respond you can get yourself in more trouble, especially if a court holds you in civil contempt for ignoring the discovery. 

In addition to written questions, creditors may use a tactic called a post judgment deposition whereby they will force you to appear and give testimony under oath about your assets.  Again, if you ignore the deposition a court may hold you in contempt. 

If a court holds you in contempt for failing to cooperate with the creditor regarding post judgment discovery and you are ordered to pay attorneys fees, these damages are usually not dischargeable if you later decide to file for Bankruptcy.

If you have a judgment that was rendered against you, please contact the law firm of Weston Legal PLLC by calling, emailing, or completing the contact form on this page.  We offer flat fees and payment plans.

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