Collecting a default judgment in Texas is possible through a garnishment lawsuit, abstracts of judgment or through the debtor's simple payment, according to the Law Office of Tom M. Thomas II. A debtor with a default judgment in Texas can choose to pay the debt owed immediately to avoid facing other legal actions.Know More
When a debtor pays the amount in full after the default judgment, the problem is solved in the creditor's mind, and the debtor does not face additional hardship due to the debt. Many debtors are not in a position to pay for the entire debt at once, so the creditors push for other payment measures to ensure that they receive their money.
One of these payment options is a garnishment lawsuit. A creditor files the garnishment lawsuit against the debtor's bank, which prompts the bank to put a hold on the debtor's account. If the creditor wins the lawsuit, the bulk of the debtor's bank account goes to the creditor to pay the full sum.
The other payment option is an abstract of judgment. An abstract of judgment is when the creditor files an abstract with the county records custodian to orchestrate a lien against the property. This makes it nearly impossible for the debtor to sell or buy real estate while the judgment lien is in place. This can help force the debtor to pay the debt.Learn more in Debt Law
Defendants served with a debt collection lawsuit should respond by obtaining a consumer lawyer if the debt specified in the case is significant, according to the Law Offices of Robert J. Nahoum. The individual being sued should also compile a short statement addressing each allegation in the complaint.Full Answer >
A statute called the Texas Business and Commerce Code Section 9.609 says a creditor can use self-help repossession but can only seize collateral if it can be done without a breach of the peace, according to Weber Law Firm, P.C. Getting a court order or filing a lawsuit are other options for creditors.Full Answer >
Chapter 7 is described as basic bankruptcy in that it permits the liquidation of all debts, according to Cornell University Law School. Chapter 13 allows individuals to enter a payment plan to pay off their debts over time.Full Answer >
Write a hardship letter to defend against foreclosure by presenting a clear picture of the current situation, and explain the circumstances beyond control that have led to the inability to make mortgage payments, advises AllLaw. Examples of hardship include illness, job loss, military service, medical bills and natural disasters.Full Answer >