Bedford, TX asked in Consumer Law, Civil Litigation, Collections and Banking for Texas

Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18 that includes attorney fees)in my bank account on hold since November 08, 2022.

I was in the midst of applying for a home equity line of credit(HELOC) loan. My HELOC lender wants the amount on hold to be cleared before they approve the loan. I recently received the document in the mail signed by the judge saying "Order of Nonsuit without prejudice" dated Dec 02, 2022. How do I get the transaction cleared ASAP? My bank says they need a court order to release the amount and ask me to contact the court or Wells Fargo attorney. Once wells Fargo received their amount, will that satisfy the default judgment? Is the nonsuit order is the court order for releasing the garnished amount from my bank?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Business Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your money. You should expect it will take it several days, possibly weeks, to release the garnished funds.

Then contact the attorney for Wells Fargo to schedule an appointment to pay off the default judgment in exchange for a Release of Judgment.

Then take the Release of Judgment to the County Clerk to be recorded.

Then give a copy of the recorded Release of Judgment to your HELOC lender.

1 user found this answer helpful

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