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  1. #1
    Join Date
    Jun 2007
    Location
    Texas DFW area
    Posts
    2

    Post Exemptions From Collection By A Judgment Holder in Texas

    We went to small claims court and a former landlord won a judgement against us. The jusgement was fair to both parties however, we are not rich and just can not come up with the amount of money needed to pay the debt.

    This vile person will not work with us at all and calls and leaves nasty voice mails and threatens all kinds of things that are just not right. I have done my research on most of her threats and there is only one that I am not clear on the law. She has said she is going to file a writ of execution so that the constalble will come to my house and seize personal property! I have read the Texas personal poperty code 42.002 several times and I am just not clear on it.

    What I am taking from it is that we are allowed 60,000.00 worth of personal property, which includes 2 cars, bikes, "home furnishing", food, pets, family hirelooms. What I am questioning is the home furnishing because the only thing of value we have would be electronics and our computer and I wonder if with all the privacy laws and identity theft if they would be able to take my computer since it has lots of info I would not want sold to some joe shmoe at an auction. What does "home Furnishings" actualy mean? Sounds to me that there are lots of loop holes in this law!

    Can anyone help me figure this out!

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Exemptions From Collection By A Judgment Holder in Texas

    The exemptions are complex, and depend upon the valuation of the various items claimed to be exempt. Have you checked with the court to see if the court can authorize your payment of the judgment in installments?

  3. #3
    Join Date
    Jun 2007
    Location
    Texas DFW area
    Posts
    2

    Default Re: Exemptions From Collection By A Judgment Holder in Texas

    Quote Quoting Mr. Knowitall
    View Post
    The exemptions are complex, and depend upon the valuation of the various items claimed to be exempt. Have you checked with the court to see if the court can authorize your payment of the judgment in installments?
    It was small claims court and on their web page it clearly says they can not and will not force us to pay it. It seems strange to me since they will allow her to viciously go after us this way. I have written this woman a letter asking to work something out and she is just hell bent on making us miserable.

    I will call the court but we are past our 10 days so I am not sure if they can help or authorize payments. This has a long history and it comes down to greed and jealousy on her part. And now with these constant threats it just really makes me MAD to think that they can come in here and take things and some of these things belong to my two kids they would be devastated. Then they can do it again and again for 90 days and then again if she files with the county. So we could never replace anything for fear of it would be taken again. I do not have a problem paying her but the facts are we just do not have money laying around especially on one income and what we do have isnt much but we worked darn hard for it!

    I just do not know what to do at this point and any advice or knowledge would be great for us!

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