If I OWE $4OOO TO SOMEONE WHO IS FILING BANKRUPTCY, CAN HAVE MY WAGES BE GARNISHED?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I OWE $4OOO TO SOMEONE WHO IS FILING BANKRUPTCY, CAN HAVE MY WAGES BE GARNISHED?
I’m in TX; they’re in CA.
Asked on June 26, 2011 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From what you right, it appears that you owe money to someone who is him- or herself filing bankruptcy.
The bankruptcy of a person to whom you owe money does NOT affect your obligation to that person, or their ability to sue you on a debt or use legal means of collecting it (like getting an order for garnishment). Bankruptcy affects that person's creditors--the ones to whom he or she owed money--not his or her debtors--the ones who owe money to him or her.
Fortunately for you, your state, Texas does not allow wage garnishment except for a very few debts--e.g. taxes, child support, alimony, student loans. That doesn't mean that the creditor can't garnish your bank account, put a lien on property, or take other actions to collect.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.