Articles Posted in Judgments

Eviciton.jpgIf you owe a debt and that you are unable to pay, your creditor may file suit and obtain a judgment against you and, with the aide of a sheriff or constable, may try to seize your personal property to satisfy the debt. However, under Texas law, certain personal property you own can be exempt from your creditor’s efforts to collect the judgment by seizing your property. The personal property exemption is contained in Chapter 42 of the Texas Property Code.

Section 42.001(a) of the Texas Property Code provides that the personal property described in Section 42.002 of the Texas Property Code, is exempt from garnishment, attachment, execution, or other seizure if: 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 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.

However, the following personal property is exempt from seizure and is not included in the aggregate monetary limitations set forth in Section 42.001(a): (i) current wages for personal services, except for the enforcement of court-ordered child support payments; (ii) professionally prescribed health aids of a debtor or a dependent of a debtor; (iii) alimony, support, or separate maintenance received or to be received by the debtor for the support of the debtor or a dependent of the debtor; and (iv) a religious bible or other book containing sacred writings of a religion.