I dont have a bank account right now i have my checks deposited to a prepaid debit card can they somehow garnish my card? I also have one more concern i know in Tx they cant garnish wages. but the payrol office where the checks come from is another state can they domesticate the Tx judgment in that state and garnish my wages even though i have alway lived and worked in Dallas TX?
Construction / Development Lawyer
Wages cannot be garnished by ordinary creditors of employees in Texas. But third parties holding your money are subject to garnishment.
You may otherwise be judgment proof. You are considered judgment proof if you have no assets that even a judgment creditor can seize. Please review my Avvo legal guide on the nature and extent of assets that a debtor can protect from even a judgment creditor at the following web link:
If you are judgment proof, you may consider negotiating with the creditor to settle the debt for a fraction of the judgment amount. You may even work out a payment plan. Creditors generally do not enjoy spending good money after bad, so they have incentive to negotiate a resolution.
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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.
Chapter 13 Bankruptcy Attorney
The answer is yes to both question. The company whose debit card are using owe you money and therefore a creditor can certainly go after the funds, assuming they know about the debit card. Certainly if payroll is issued at office that is outside the state of Texas and that state allows garnishments your wages can be garnished.
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