First, you are still liable on the debt. I would contact the vehicle creditor and tell them what has happened. You should also report the vehicle stolen. Pam Stewart Houston, TX
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I agree with the answers you have already received, however, there is a caveat. If your husband's paycheck is issued from out of state, your husband's paycheck is garnishable. Also, once his paycheck is deposited into a bank account, the wages lose their character as wages and become funds in a bank account. The bank account is then garnishable.
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Both your debit card and paycheck are at risk of garnishment. Because your paycheck comes from another state, it is garnishable under Texas law. You may want to schedule an appointment with a bankruptcy attorney to discuss your options. Pam Stewart Houston, TX
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The debt is discharged in Texas as long as your case was a no-asset case. If there were assets and the creditor was not listed, the creditor did not get to participate in the distributions. Therefore, the debt would not be discharged. Send a copy of your discharge to the creditor that bought the debt. If the debt buyer is reporting a balance owed on your credit report, send them a letter advising them to list the amount as 0; otherwise, they are attempting to collect a debt that was...
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Without knowing when you filed for your homestead tax exemption, I can't answer your question specifically. According to HCAD's (Harris County Appraisal District) website, you must mail your homestead application between January 1 and April 30th. They do not accept early applications. If you missed the April 30th deadline, you are still able to apply up to one year after the date taxes become delinquent for the year. Pam Stewart Houston, TX
If Capital One Bank obtains a judgment, it can then garnish your bank account. They can also send you post-judgment discovery to determine where your assets and bank accounts are located. While I have not seen it happen in Texas, in other states people are going to jail for contempt of court for failure to respond to post-judgment discovery. You should certainly speak with an attorney about your situation. Pam Stewart Houston, TX
I agree with my colleagues that your debt to the mortgage company was discharged and that reaffirmation is not a good idea on mortgage loans. However, to get your payment history reported on your credit report, you can ask for a payment history from your mortgage company and sent it to the credit bureaus. It will be difficult for the mortgage lender to challenge their own information.