Houston, TX asked in Criminal Law for Texas

Q: getting sued for credit card debt can they garnish my disability? I don't own any thing solely can they seize it ?

the papers say wells fargo bank na being sued for breach of contract.this was an unsecured credit card obtained In may 2013 through a checking account that I was not the primary holder.account has been closed for about three years now(don't know how I got the card) amount asked for in full is $5,484.66 plus attorney fees.I don't deny using/ owing them I CANT PAY IT my fixed income is $750.00/month I told someone on the phone months ago that I could not pay it but kept getting statements with more interest added.I think it was about sept.2017 cut card up.CAN I GET JAIL TIME FOR THIS ? or go after my estate after I die (don't have an estate to go after)#61st. HARRIS COUNTY DISTRICT COURT Thank You For Your Help!!!!

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2 Lawyer Answers
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Boy you may be in luck. I know there is no garnishment of wages (except for child support and taxes) in Texas but I am not certain as to disability checks. I would think it would be the same. So the general rule in Texas is there is no garnishment in the state of Texas.

HOWEVER, VERY IMPORTANT, once wages are placed into a checking or savings account they are considered commingled and are "fair game" for seizure. Do not deposit!

1 user found this answer helpful

Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Sorry I did not see the rest of question. NO, you cannot go to jail for owing a debt, unless it is child support and there is a court order. Also, according to the FDCPA the creditor cannot call you if you give it written notice to contact you only in writing.

1 user found this answer helpful

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