TX debt collection law, defaulting on business loan, can creditors pursue personal assets
Dallas, TX
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Posted about 1 year ago in Debt / Lending Agreements
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Defaulting on a business debt:
I have defaulted on a business credit card loan which has now been turned over to a collections agency. Can the collections agency continue to pursue my personal assets, i.e. - house, if I send them a small payment each month (although it is not the amount they would like me to pay, it is all I can afford)?
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Answers (2)Alec Scott Rose
This attorney is licensed in California.
Posted about 1 year ago.
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This will depend on the terms of the credit arrangement. Usually, small business people must personally sign for their business credit cards, and their personal assets can be levied or seized to cover the debt. Also, your other credit agreements or bank account agreements with the same institution may have provided that in the event of a default, the bank can use any asset or account you have with them to cover the debts.
Whether the bank will accept a payment for less than the minumum required by the agreement is entirely up to them. David L. Leon
This attorney is licensed in Texas.
Posted about 1 year ago.
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In Texas, there are very limited circumstances in which a collector can go after your house. If you personally guaranteed the debt, they can go after personal assets, such as your bank accounts, etc. As for what to do with the collection agency, you can either hire a lawyer to negotiate a payoff, or attempt to negotiate a payoff yourself. They will often take a percentage of the original debt.
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