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I Have Been Sued, Can They Take My Property?

By Amir Tavakkoli, A.T. Law Office, Houston, TX

In 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 essential 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 look at what creditors can and cannot get from you in Texas if they obtain a decision.

Texas is judgment friendly:

Let’s start with the excellent 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). Still, 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 the plaintiff, will not be able to take your life away; here is why:

Wage Garnishment:

More good news: unlike many states, creditors cannot garnish your wages on a judgment you owe. If you owe child support, taxes, student loans, and alimony, the a few exceptions.

Home Exemption:

Your homestead is usually always exempt from collection (unless you have a mortgage or are behind on property taxes and a couple of other minor exceptions). However, for this exemption to apply, your homestead must be on land no bigger than 10 acres in an urban area and no bigger than 100 acres (or 200 for a family) in a rural area. Yeah, I wish I lived on land more significant 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 permit and 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 exempt 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 someone else must 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 questions getting some advice regarding a legal situation you are dealing with, have been sued, or need to file a suit, or have any questions, call my firm for an 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 consultation and 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.

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