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Garnishment of checking account for bad check

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ywilsonh

Joined: 13 Mar 2010
ywilsonh's page
Posts: 1

33 Magic Points

Subject: Garnishment of checking account for bad check

Sat Mar 13, 2010 2:47 am

I have been informed that a check from 10 years ago did not clear my account. The check was returned NSF. I never received a letter during that time period from the organization. The first letter indicated Harris County was incredibly behind on processing bad checks. Now the same organization is threatening to garnish my checking account. In Texas, can a non-secured creditor garnish your account.

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2675

48566 Magic Points

Subject: garnishment of checking account

Sat Mar 13, 2010 7:42 am

Hi Wilson,

You should first pull a copy of your credit report and check the status of your account. Check who holds the debt. Can you tell me when was the check returned NSF?

Another thing that you can do is check the Statute of Limitations (SOL) on your debt. If the SOL has expired on your debt, the creditor won't be able to sue you. The SOL also varies according to the type of account.

In Texas wages cannot be garnished. However accounts may get garnished by the creditor.

Hope this helps.

Regards,

Aaron
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cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sat Mar 13, 2010 1:14 pm

A bad check is a criminal matter called uttering. I just looked it up and there is no limitation on time to enforce the statute Texas.

I would ask for a copy of the returned check.
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Yolanda
Guest

Subject: Bad Check

Mon Mar 15, 2010 10:03 pm

Thank you for your responses. The check was originally written 2/99 for $200.00 . Is it still possible to have legal issues with something that old?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Mon Mar 15, 2010 10:48 pm

yes, it is possible because in texas this is crime called uttering. there is no statute of limitations for this crime in texas
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