At Warren & Migliaccio, we understand that being contacted by a company like Jenkins Court Receivers, LLC, or discovering that your bank account has been frozen can be alarming and confusing. You may wonder about your legal rights and what steps you can take to protect your assets and property. As a law firm that handles debt collection defense cases across the state, we break down what to know about Jenkins Court Receivers and navigating the receivership process in Texas.
What Is Jenkins Court Receivers?
Jenkins Court Receivers, LLC is a turnover receiver in Texas. According to Jenkins Court Receivers’ website, its job is to “locate and liquidate nonexempt assets to pay judgments.”
In Texas, when a creditor or debt collector obtains a judgment against a consumer, it can request the court to appoint a turnover receiver to help collect the debt. The receiver’s role is to locate and seize your nonexempt assets, or assets not protected under the law. Then, the receiver may sell your assets to pay off the debt you owe to the creditor or debt collector.
How Does a Turnover Receivership Work?
If a creditor or debt collector filed a debt collection lawsuit against you and won, then they have a court judgment against you. This means they have the legal right to collect the debt you owe and any additional interest and fees stated in the judgment. They also have the legal right to take further steps to collect the debt, such as bank garnishment, property liens, or property seizure.
In order to collect the debt, the creditor may ask the court for a turnover order. A turnover order is a court directive that requires you to hand over nonexempt assets or property that can be used to pay off the debt. In its turnover order, the court may appoint a receiver. A receiver is a neutral third party, like Jenkins Court Receivers, LLC, authorized by the court to “take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.”
If you are facing a turnover receivership, it is important to remember that you still have rights. For example, even though Jenkins Court Receivers is court-appointed, certain assets are protected by law and cannot be seized to pay debts. You should assert your property exemptions with the court handling your case.
Is Jenkins Court Receivers Legit?
Jenkins Court Receivers, LLC is a legitimate turnover receiver in Texas. Remember that a creditor or debt collector does not hire Jenkins Court Receivers to collect a debt. Instead, it is appointed by the court after a judgment has already been made.
Who Does Jenkins Court Receivers Collect for?
The court appoints Jenkins Court Receivers, LLC, to collect owed debts. It is an independent officer of the court. However, many creditors and debt collectors request receiverships as a method of debt collection after obtaining judgments. For example, a few creditors and debt collectors that use turnover orders include:
- Baxter Credit Union
- Cavalry SPV I, LLC
- Crown Asset Management
- Discover Bank
- Midland Funding, LLC
- Portfolio Recovery Associates, LLC
- Safe Haven Security, Inc.
- TD Auto Finance
What Can I Do If I Am Facing a Turnover Receivership?
If you have been notified about a turnover receivership involving Jenkins Court Receivers, LLC, it is essential to understand your rights and take immediate steps to protect yourself. Our Texas debt defense lawyers recommend taking the following steps:
- Consult an experienced Texas debt defense lawyer. We recommend scheduling a free consultation with an experienced Texas debt collection defense lawyer from our law firm about your situation. We can review your situation, help you understand your rights, and guide you through the receivership process. Our team will identify which of your assets are protected by law and ensure that your exempt property is not wrongfully seized. We will also help you explore all of your options to resolve the debt, including exploring bankruptcy protection if appropriate.
- Assert your right to exempt property. Under Texas and federal law, certain assets are exempt, meaning the receiver cannot take them to pay off a judgment. Common exemptions include your primary residence, a personal vehicle, essential household items, and retirement savings. If you have already had exempt property seized, you may still have options to have it returned.
- Determine whether you are judgment-proof. If state and federal exemptions protect all of your property and income, you may be considered judgment-proof. In this case, Jenkins Court Receivers cannot legally seize your belongings because you have no nonexempt assets available for collection.
- Negotiate a payment plan. If you have nonexempt assets that could be seized and sold to pay your debt, negotiating a payment plan that works for you may be in your best interest. By working out a payment plan, you may avoid bank garnishment or losing valuable property. A payment plan can help you maintain more control over your financial situation.
Jenkins Court Receivers Froze My Bank Account
Has your bank account been frozen? If so, we recommend contacting our Texas debt resolution attorneys as soon as possible. Some money in your frozen account may be exempt from seizure, like Social Security or retirement benefits, child support, or other protected income. Without legal help, your bank account may remain frozen until the debt is satisfied or the receivership expires.
Schedule a Free Consultation With Our Texas Debt Defense Lawyers
Facing a turnover receivership can be stressful, especially when dealing with a frozen bank account. If you are in this situation, then do not hesitate to schedule a free consultation with our attorneys.
At Warren & Migliaccio, we represent and defend Texans against debt collection lawsuits and processes like turnover receiverships. We can review your situation, help you understand your legal rights, and work toward a favorable resolution. Call us at (888) 584-9614 or submit our online contact form, and we will contact you soon to schedule your free consultation.
