Posts Tagged ‘judgment’
I have a judgment against me for a credit card debt. Can they take my house?
Posted by: David Leon in Consumer & Credit, Litigation and judgments, Real Estate Law on January 1st, 2010
It is unlikely. The Texas Property Code (Sec. 41.001) and Section 50(a)(6), Article XVI of Texas Constitution govern which debts can “attach” to a homestead. Credit card suits do not normally attach to a homestead, even if they are reduced to a judgment.
I have a judgment from another state, but the defendant lives in Texas. Now what?
Posted by: David Leon in Litigation and judgments on February 15th, 2009
If you have a judgment, either from another federal or state court, the first thing you need to do is confirm that the judgment is final. The next step is to register the judgment in Texas. Once the judgment is registered in Texas, the defendant must be notified of the judgment transfer, pursuant to the Texas rules. Once the notice period has lapsed, you can enforce the judgment in Texas, under Texas law.
I have a judgment lien. Does that attach to a homestead?
Posted by: David Leon in Real Estate Law on February 15th, 2009
Most judgment liens in Texas are not applicable to homestead property, per Sec. 41.001 of the Texas Property Code. There are exceptions to this rule under subsection (b) for items such as purchase money liens, taxes, mechanics and materialman’s liens, homeowner’s association liens, etc.
If you have a lien against the person and s/he sells the homestead, the proceeds from such sale are not subject to seizure for up to six months, per subsection (c) of the statute.
