I Have Been Sued, Can They Take My Property?
Re-post from original posted on Law Office of Bryan Fagan:
In a today’s age where lawsuits and suing someone for monetary damages has become more common than ever before, a time when attempting to resolve disputes without the involvements of attorneys, judges, and jurors has almost become a lost art, it’s important to consider what happens in the event a lawsuit is filed against you, and more importantly if you lose and a monetary judgment is ordered against you. Let’s take a look at what creditors can and cannot get from you in Texas in the event they obtain a judgment.
Texas is judgment friendly:
Let’s starts with the good news, Texas is one of the more judgment proof cases in the United States, I will discuss this more in detail below. I am in no way recommending not defending a lawsuit if you find out you are judgment proof, because things can change (you can wake up tomorrow and find out you are the new winner of a $500 million lottery ticket), but it’s good to have some inner calm in knowing that if you are sued over something crazy and lost, the creditor or the winner of the judgment, also known as plaintiff, will not be able to take your life away; here is why:
Wage Garnishment:
More good news: unlike many states, creditors are not able to garnish your wages on a judgment you owe. The few exceptions are if you owe child support, taxes, student loans, and alimony.
Home Exemption:
Your personal homestead is usually always exempt from collection (unless you have a mortgage, or behind on property taxes, and a couple of other minor exceptions). However, for this exemption to apply, your homestead must be on a land no bigger than 10 acres in an urban are, and no bigger than 100 acres (or 200 for a family) in a rural are. Yeah, I wish I lived on a land bigger than 200 acres.
Personal Vehicle:
Yes, creditors won’t be able to take your car. Rest assured that each person who has a license is entitled to one car that is exempt from collection, and if you don’t have a license and you rely on someone to drive for you, you still get the exemption.
Personal Property:
Personal property of up to $50,000.00 for a single adult, and $100,000.00 for a family are also exemption from any creditor’s claims.
Others:
It’s a long list, but it’s mostly retirement or pension accounts (call for more details).
Misc:
I previously talked about car accidents and if someone sues you as a result, your insurance is generally liable for paying the fees. This does not mean you are exempt, but that someone else is required to pay. Read the article here: https://www.bryanfagan.com/family-law-blog/2019/february/how-much-money-can-i-get-for-my-car-accident/
Contact Us
If you have any question getting some advice regarding a legal situation you are dealing with, have been sued, or need to file a suit, or simply have any questions, call my firm for attorney in North Houston, attorney in the Woodlands, attorney in Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call me, Amir Tavakkoli, Houston from the A.T. Law Firm for a free consultationand I would be happy to discuss your situation with you. We also handle cases in different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Fort Bend County, Waller County, and Brazoria County. Contact the A.T. Law Firm by calling (832) 800-5590 for a free consultation.
