Property You Can’t Take in Texas
In Texas, a judgment debtor’s property is subject to seizure (called “levy and execution”) unless it is exempted by the Texas Constitution, statute or other rule of law. The following is a brief, nonexclusive list of exemptions. In other words, these are not all the exemptions available in Texas. But, these are the ones you will most likely encounter in collecting a Texas judgment against an individual.
1. The homestead
2. Personal property of various categories up to the aggregate fair market value of $30,000 for an individual and $60,000 for a family
3. Current wages for personal services (except for the enforcement of court-ordered child support)
4. Doctor prescribed health aids of either the judgment debtor or his dependents
5. Certain retirement benefits and funds
6. Workers’ compensation payments
7. Cemetery lots
8. Property that the judgment debtor sold, mortgaged or conveyed in trust, if the purchaser, mortgager or trustee points out other property of the judgment debtor sufficient to satisfy the execution
9. Assets in the hands of a trustee of a spendthrift trust for the benefit of the judgment debtor
10. Insurance benefits
11. Alimony, support or separate maintenance payments received for the judgment debtor’s support or the support of the judgment debtor’s dependents
12. Judgments of Texas courts (A turnover order is an effective way to reach a Texas court judgment owned by the judgment debtor but it is the subject of a future article)
Remember, this is not an exhaustive list of exemptions. It is only a list of those you will most likely encounter when pursuing a Texas judgment against an individual.
Tags: collection judgement exemptions in texas, texas judgment collection except, can't pay judgement texas, what can a deptor take in texas on a judement, exemptions on judgements in texas
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You provided a list of what cannot be taken. Is the list that can be takes easier. I have a defendant that owns a lot which is a different location than his home. Can I have the property seized to satisfy the judgment?
The list provides the basic exemptions in Texas. If it’s not exempt, it’s subject to seizure. A non-homestead lot would likely be seizable. Of course, you want to make sure there are no other lien holders who could make a claim for the proceeds ahead of you. But, yes, I’d say you should investigate it more fully because typically that type of asset will be seizable.
File the judgment with the county, it is good for 10 years and then you can renew it.
There are some things that can be seized, such as rental property, any property that is not their homestead.
A vehicle that is not used in their work or business.
Bank accounts.
Since you filed the case you should have known she did not have any assets so why did you waste your money?
Harvey,
My understanding of the $30k/60k exemption has always been that the property claimed under that exemption *must* be in the enumerated categories (e.g., two firearms, twelve head of cattle, household furnishings, etc.).
I was talking to a neighbor who happens to be a sheriff’s de[uty but once was a deputy constable. He swore up and down that the $30k/60k applied to *all* possessions and thus I couldn’t take someone’s big screen TV or stereo, for example, unless all of their other claimed exempt property reached the threshold.
Of course I told him I thought he was incorrect and he swore that’s what the law says.
I have two questions:
1. Who is correct, and
2. If I am correct, how common is it to encounter constables who don’t know what they are doing?
I suspect a lot of writs are returned nulla bona unless the judgment creditor is along for the ride to make sure the constable does his job. I’ll bet constables find it unsavory and will take every opportunity to avoid collecting.
Matt,
You are correct. The actual reading of the statute makes it clear that the $30k/$60k exemption is for property in the enumerated categories. To fully understand that reading you have to see § 42.001 & § 42.002 of the Texas Property together. I’ve listed the pertinent portions here:
§ 42.001. Personal Property Exemption
(a) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if:
(1) the property is provided for a family and has an aggregate fair market value of not more than $60,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or
(2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $30,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.
§ 42.002. Personal Property
(a) The following personal property is exempt under Section 42.001(a) :
(1) home furnishings, including family heirlooms;
(2) provisions for consumption;
(3) farming or ranching vehicles and implements;
(4) tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession;
(5) wearing apparel;
(6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a) ;
(7) two firearms;
(8) athletic and sporting equipment, including bicycles;
(9) a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver’s license or who does not hold a driver’s license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person;
(10) the following animals and forage on hand for their consumption:
(A) two horses, mules, or donkeys and a saddle, blanket, and bridle for each;
(B) 12 head of cattle;
(C) 60 head of other types of livestock; and
(D) 120 fowl; and
(11) household pets.
It is very common for constables and sheriff deputies to be confused on this matter and, in my experience, they don’t like serving writs of execution because it’s not a pleasant task. In all cases where I know there are adequate assets outside these categories that are not otherwise exempt, I ask to go with the deputy serving the writ to make sure seizable property is actually seized.