Matt, You Are Correct. the Actual Reading of …
Comment posted on Property You Can’t Take in Texas by Harvey L. Cox
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.
Harvey L. Cox also commented
- 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.
- Yes. If you have a bank account into which you make deposits, they can garnish that account.
- If your judgment is from a Texas District Court, it won’t be a final judgment until 30 days after the judge signs it. Since you’re wanting a sister-state enforcement in Missouri, the procedure will be governed by Missouri law. Their law should tell you whether the judgment has to be final, i.e., not subject to appeal before they’ll do a sister-state enforcement. My guess is that it needs to be final. But, that’s only a guess because I don’t know Missouri law.
The same applies to authenticating your judgment. Missouri rules of evidence will govern what you must do to authenticate the judgment. Typically, most states recognize certain documents as self-authenticating for evidentiary purposes. Likewise, most states recognize certified copies of documents as self-authenticating. So, if Missouri operates like Texas when it comes to sister-state enforcement, you should be able to get the clerk of the court to issue a certified copy of your judgment and that certified copy should satisfy their requirements for authenticated copy of your Texas judgment.
- In Texas, the judgment lien does not attached to the homestead … period. It can create a cloud on the title but, as you correctly observe, the judgment creditor has to release the lien as to the homestead upon request or find himself the defendant in a trespass to try title suit to remove the cloud. But, the bottom line is that the judgment lien does not attach to the homestead, with or without bankruptcy being in the picture.
- The list of protections you have as a judgment debtor is much too long to go into in a brief post. I actually get this question quite frequently. That is part of the reason I wrote “What You Absolutely Must Know If You Owe a Judgment in Texas.” For a complete explanation of your rights as a judgment debtor, I recommend you get a copy of that book.
Recent comments by Harvey L. Cox
- Writs of Garnishment in Texas.?
My book How to Collect Your Own Judgment in Texas has everything you need to do just what you’re wanting to do. It has all the post-judgment discovery questions and the procedures you need to follow to get your answers. You can read more at http://texasjudgmentcollection.com/texas-judgment-collection-book - Can They Garnish Wages Over a Lawsuit Default Judgment in TEXAS?
The previous poster is simply incorrect as far as Texas law goes. Texas does not allow wage garnishment for a consumer debt. - Judgment Recovery and Statute of Limitations for Judgment Recovery
Not sure I’d classify that as a significant contribution to the book. Just “jogging an idea” for a topic to include.I’m also not sure why you’d be interested in the book if you think you already know 85-95% of what’s in it. And, I’m not in the habit of giving away copies.
Nice try though.
- Backfiring Texas Judgment Liens
I suppose the only option would be to file a Writ of Mandamus. Your attorneys will be familiar with it. It’s basically an appeal to a higher court asking that the higher court order the judge to do what he’s suppose to do.I can’t say you actually have a basis for a Mandamus because I don’t have enough facts for such an opinion. But, you should ask your attorneys about that as a possible avenue to pursue.
- Texas Wage Garnishment?
The first response is correct. Texas doesn’t allow wage garnishment for this type of debt.
powered by SEO Super Comments
Tags: texas judgement business checking account, exemptions on judgements in texas, can they take personal property with a judgement texas, what property is exempt from a judgement writ, texas, judgements in texas on non homesteadsRelated posts:
- Property Exemption From a Texas Writ of Execution The perception that it’s difficult to collect a judgment in...
- Writ of Execution in Texas? How can I determine the BUSINESS property that by law...
- You Can Seize a Judgment Debtor’s Personal Property to Pay Your Judgment A writ of execution in Texas does allow you to...
- Placing a Lien on Real Estate Property? I live in New York State. My husband lent a...
- How Do You “Locate” Personal Property for a Sherrif to Seize After Having Won a Judgement? I was the victim of a clever scam and then...
Like this post? Subscribe to my RSS feed and get loads more!
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.
Property Exemption from a Texas Writ of Execution | Texas Judgment …