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Can a creditor with a judgement in Texas attach property of the debtor is the debtor moves to another State?

Austin, TX |

If a debtor moves from Texas to Florida, which STATE laws regarding enforcement of a judgement from a Texas County Court are used? Example, Texas exempts one car, Florida exempts only $1000.00 of equity in a car. Texas can seize funds in a bank account, Florida says funds in a bank account can´t be touched for the first 60 days.

Attorney Answers 2

  1. You wrote, "Can a creditor with a judgement in Texas attach property of the debtor [if] the debtor moves to another State?"

    A: Yes, if the Texas judgment is registered in the other state.

  2. The creditor would have to domesticate the TX judgment in Florida, and then any action it takes to levy, attach, or garnish would be under Florida law.

    I do not mind learning new things, so I will be candid when I say that I was not aware of a law that protects bank accounts for the first 60 days money is in it. I am aware of a law that protects the earnings of the head of a family for 6 months while in a bank account. So, if you would, please let me know where you learned of the 60-day rule.

    There are other ways to protect equity in a car. If a Florida resident owns a home, another $1,000.00 can be protected as to personal property, and if there is no home ownership, an additional $4,000.00 can be protected as to personal property. Since a car is considered personal property, up to $6,000.00 in equity can be protected, but that would leave other assets unprotected.

    By the way, in Palm Beach County where I practice, the sheriff requires a $3,000.00 cost bond to be posted by the creditor before he will levy on a motor vehicle. So, that is a major expense to be incurred by a creditor to levy.

    You may want to visit my website at to review other exemptions that apply to protect judgment debtors.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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