Legal Question in Credit and Debt Law in Texas

I am being sued for a debt by a 3rd party, that I cannot pay. If a judgement is rendered against me what actions can the plaintiff take against my assets. I own a house, current on my mortgage, I have 2 cars that are current on their payments, I do not have a bank account with any significant funds in it, nor any retirement savings or 401k. I am working a full time job, but I cannot make the debt payments. Can a lein be put on my house?

I reside in Texas and the law suit was files in texas.


Asked on 7/13/10, 6:48 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that can legally be seized to satisfy a judgment). This means that you may be �served� with a writ of execution (AFTER the lawsuit is over and the plaintiff gets a judgment), but the Sheriff will return it to court �nulla bona� (no good). In other words, he won�t seize any of your property because it�s all exempt.

The plaintiffs in judgment can garnish your bank account if they know where you bank and they believe that you have sufficient funds on deposit. The filing fee for a garnishment is around $300.00; they don't want to hit your bank with a garnishment if you have only $55 in the bank.

The easiest thing to do, after the judgment is taken against you, is simply to change banks about every six months.

The plaintiff will spend about $20 and record an abstract of judgment in the county where you live. This creates a lien on any non-exempt property you own (and you probably DON�T own any); it doesn�t affect your homestead.

99% of all Texans do NOT need to worry if they have a judgment against them. Bill collectors collect their money because of the debtor�s fear of the unknown; they �scare� the money out of you.

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Answered on 7/13/10, 10:01 am


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