newbeginingshey
newbeginingshey t1_iy8f1ip wrote
Reply to comment by dudeindebt1990 in Debt collection - how long after judgment before bank is garnished? by dudeindebt1990
I don’t know the TX specifics. Your lawyer could give you those, but having worked in this space myself, there is a % cap on wage garnishments, but not a cap on bank balances. Obviously a lien on any tangible property won’t be capped - it will just be the full remaining balance.
newbeginingshey t1_iy6mplx wrote
Most judgments are resolved with voluntary payment plans. I’d expect the law firm to contact you to see if you’re amenable to that first. It’s common, not an entitlement.
I wouldn’t do anything drastic to hide your bank balances. Plenty of other assets can be garnished or have a lien put on them. If you have the balance to pay, that will be less problematic than a lien on your home. A voluntary payment plan will be the least painful path forward as you can negotiate the monthly amount - anything they have to garnish will be taken all at once without warning.
newbeginingshey t1_iuj4hzk wrote
Reply to comment by nails_for_breakfast in I was put in a horrible financial situation and need advice. by [deleted]
Just because the wife earned more doesn’t mean OP would get alimony. In many states the bar to receive alimony is now that the lesser earner earns less than needed to support themselves (how that line is calculated varies by state) - it is not a question of the lesser earner continuing the lifestyle they had during the marriage. OP has a job. In many jurisdictions, that alone is the end of the alimony consideration.
Even if OP was entitled to two years of $500/month alimony (which would be a lot in many jurisdictions these days, alimony isn’t what it used to be), the wife could make it cost OP $20k in legal fees for that to get awarded. OP is smart to be forward looking and pragmatic about his budget.
newbeginingshey t1_iuj3jef wrote
Reply to comment by Sideways_X in I was put in a horrible financial situation and need advice. by [deleted]
You know your situation better than any of us and your biggest asset right now is having a solid head on your shoulders - major kudos to you for keeping that during a jarring, life altering event.
When there are no assets and no children, a legal battle is never worth it. It’ll just land you in debt. Yes a lawyer may sell you some vague hope but lawyers aren’t exactly neutral when it comes to telling you whether you one and it is common for the legal fees to exceed the monetary award in a divorce, meaning your networth is worse off having pursued “justice” with a lawyer than if you’d just let her go. She has no assets. You have no kids. One month’s worth of living expenses - even six months worth of alimony - the legal fees could easily exceed whatever you hope to be awarded.
You can file in small claims court for her share of the lease rent without mucking up your divorce with it or getting lawyers involved. That’s a separate contract and is easier/cheaper to resolve on your own.
newbeginingshey t1_iy8wx0k wrote
Reply to comment by dudeindebt1990 in Debt collection - how long after judgment before bank is garnished? by dudeindebt1990
The situation you describe is why there’s a cap on wage garnishments (I don’t recall the exact amount but I think it’s close to 20%). They can’t take 100% of your paycheck. That could make you homeless, or inadvertently punish any kids you might have etc.
Bank balances though don’t have a cap. Nor does a lien and once there’s a lien on the home, a sale can be forced to collect, so yes you needing to move can be a downstream outcome.
Not to sound like a broken record but all of this is why a voluntary payment is better. Name the amount you can pay each month without becoming homeless.