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
Answered
  • 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

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.