North Richland Hills, TX asked in Collections and Consumer Law for Texas

Q: I have credit card collections and I live in Texas. If I move to Georgia, would the creditors be able to garnish wages.

Also, once a creditor charges off the account and sells the debt to a collection agency, can collection agency sue for judgment?

Related Topics:
1 Lawyer Answer
Samuel John Ford
Samuel John Ford
  • Consumer Law Lawyer
  • New Orleans, LA

A: They probably could still garnish your wages eventually, but it may be a longer process. To garnish wages on a credit card debt, the creditor would first need to sue you and acquire a judgment against you. If the judgment is in Texas, the creditor would then need to apply for local enforcement of the judgment with a Georgia court. The creditor generally must provide you notice of the application, and you will have the right to object. If you do not respond, the judgment will likely become enforceable in Georgia. If the creditor sues you in Georgia, they can skip the above step.

Once the creditor has an enforceable judgment against you, they can apply to a Georgia court for garnishment and serve garnishment papers on your employer.

Depending on how much you owe, it may not be worth the time and money for the creditor to do this and they may use other methods to attempt to recoup the debt, such as selling the debt to debt buyers. When debts are sold, the right to file suit on the debt is usually transferred, however, you may have defenses to a collection suit on the sold debt.

Federal and state laws protect you from unfair and harassing debt collection practices. If you are receiving calls and letters from debt collectors, an attorney may be able to help. I recommend speaking to a consumer attorney regarding the details of your situation so you can fully understand your rights. Many consumer attorneys offer free consultations.

**Please note that the above is general information and not subject to an attorney-client relationship or intended to be legal advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.