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Can a lien be placed on a primary residence in Texas due to consumer debt? If so, what does this mean?

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Rockport, Texas

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This is a threat being made today by a firtst time call collector that is either a lawyer or using appropriate words to give you this impression. We have NEVER received any correspondence previously. This is for a home security system that we had signed a contract for and given authorization to auto deduct from our checking account. Ck acct still open, and I unfortunately do not balance my ck book vs statement- so why were they not deducting?? who knows. Again today was the 1st correspondense we have received re: collections- either written or verbal

Customer (name blocked for privacy)

Status: Closed Value: $30

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you.

The fact that this is the first communication is not relevant.

If I understand your post, they had the power to get payment by prior auto deduct authorization BUT THEY HAVEN'T so it looks like you are in default. Get that straightened out with the company itself and have them deduct past payments and have them continue. Call first then follow by letter certified RRR and regular mail.

Re: your specific question. As a legal principle....they would have to first sue and get a judgment. Once they get a judgment, it will automatically become a lien on any real property you own in the state. It can also be enforced against all of your personal assets, for example, bank accounts. They may also be able to garnish your wages. Finally, they can serve you with written questions or a notice to give an oral deposition specifically to discover those assets. If you do not comply, they can and will obtain an order of contempt against you.

BUT THIS WILL NOT APPLY BECAUSE YOU CAN CLARIFY WITH THE COMPANY BEFORE IT GETS TO THE POINT OF A LAWSUIT.

Rich

To request me for NEW QUESTIONS IN THE FUTURE, just begin with "THIS IS FOR RVLAW"

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Reply to rvlaw's Post: I wanted someone that is specifically knowledgable in the state of Texas. In regards to your response, wages can not be garnished in the state of Texas except for child support and taxes, also only non-exempt property can have a lien placed on it & I should have asked what is non-exempt property in the state of Texas?
I have read that non-exempt property is primary residence and one vehicle for each family member of age for driving.

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