Legal Question in Real Estate Law in Texas
Sherrif is attempting to seize 2 vehicles that are still financed and several others that we own to settle a civil judgment. According to texas property exemption code 42.001 and 42.002, we can claim one vehicle per licensed driver in the household where the aggregate value is under $60,000 along with other items. I need to know if and where I can find the Texas legal form to claim these exemptions to avoid the seizure, or what we need to do to claim them. Thank you.
1 Answer from Attorneys
Generally, there isn't a "form" to designate a vehicle as being exempt. What usually happens is that one claims the exemption at the time the sheriff shows up to take the vehicle. If he wrongfully levies on the vehicle, you would sue him on his sheriff's bond.
You might consider writing a certified letter to the sheriff (this is a PAPER letter - no emails or phone calls) - refer specifically to the judgment by style and cause number - describe the vehicles and state that they are exempt, and cite the statute to him (from the Property Code). Tell him that if he levies on them, you intend to sue him for damages.
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