Exempt Property in Texas – Can I Be Forced to Sell My Home?
Ken asks… I’ve read that my home is exempt property in Texas and can’t be taken to collect the judgment. Is that true? I am very scared about my current situation. I lost my job over a year ago and simply can’t find a job that will pay me near what I was making. I am working but the pay is much lower and I can’t make it stretch. I did default completely on...
Read MoreDefault Judgment – Should I Let a Credit Card Company Get One?
Robert asks… I live in Texas. A credit card company has filed a lawsuit against me in justice court. What happens if I don’t go to court and just let them get a default judgment? I’m not sure I want to put any effort into this case. The credit card company has already filed the lawsuit and a court date has been set. But, what will happen if I don’t show up and...
Read MoreFiling a Lien In Texas Against Personal Property
Michael asks… How does a personal go about filing a lien against personal property in Texas after a judgment? I have a judgment against me in Texas for about $1,200. I am considered to be “judgment proof” by most creditors. The only asset I am concerned that could potentially be attached would be my car. It is worth about $10,000. The car is paid in full with no car payment....
Read MoreJudgment Lien Against a Life Insurance Policy?
Chris asks… Does my judgment lien attach to my judgment debtor’s life insurance policy? I was awarded a judgment against someone who I know has a life insurance policy in their name. This person has no other assets. Can I get the cash value of that life insurance policy by through a judgment lien? Harvey L. Cox answers: The basic answer to your question is “no.”...
Read MoreBreathing Life Into Your Texas Judgment Lien
Judgment Lien in Texas Successfully collecting your Texas Judgment requires an aggressive use of post-judgment remedies, including the judgment lien. Creating a Judgment Lien A lien is a claim against a person’s property for payment of a debt. Your judgment is a court created debt in which another person, the judgment debtor, becomes obligated to pay you a certain sum of money. But, that court...
Read MoreLien Release Is Necessary To Prevent Your Judgment Lien from Backfiring
Lien Release for Homestead Property In How to Collect Your Own Judgment in Texas, I discuss the creation of a judgment lien on your judgment debtor’s real property. But, a judgment lien does not attach to your judgment debtor’s homestead. It does, however, create a cloud on his homestead. That cloud can hinder your judgment debtor’s ability to sell his home. Consequently, Texas...
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