Your Questions About Judgement Against Me in Texas | Texas ...

I have a judgment against me in Texas.  Can they take money out of my checking account to pay it?

I was sued in Justice Court in Texas and lost the case.  The judge awarded the Plaintiff a sum of money that simply don’t want to pay.  Can the Plaintiff attach any type of lien against my checking account and take my money?  Can he do this without me knowing about it?

Harvey L. Cox answers:

Yes, your Plaintiff, now known as a judgment creditor, can apply to the court for what is known as a writ of garnishment .  That writ of garnishment will allow the judgment creditor to seize any property belonging to you but being held by a third party. That is essentially what a bank account it.  The money is yours and the bank owes it to you.

As far as being able to seize the money without you knowing about it, you’ll know about it after it happens.  The way it works if that your judgment creditor will apply for the writ of garnishment which is basically a lawsuit against the bank.  Once the bank is served with the writ of garnishment your accounts in that bank, all of them, are frozen.  You can put money in but you can’t take anything out.  After the bank is served the writ of garnishment a copy of the writ is sent to you by certified mail.


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