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We quit paying for a credit card a few years ago because we just couldn't afford to pay for it any longer. I am on disability &

Mabank, TX |

my husbands hours have been cut back. We are now getting lawsuit letters. Can they garnish my husbands wages or take our home away from us? Would it be better for us to file bankruptcy?

Attorney Answers 3


In Texas, your home is protected from credit card creditors. And, a credit card company cannot garnish wages in Texas. Nevertheless, it would make sense for you to consult with a bankruptcy attorney to review your financial situation and discuss your options.

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

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Your home is protected in Texas as well as your husband's wages. The foregoing is the general rule. However, there are exceptions and you need to speak to a lawyer to make sure that you are sound footing and do not fall into one of the traps that are out there.

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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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