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I just got a letter from a constable in the mail, it wasnt registered. He told me about a writ of execution to be executed.

Longview, TX |
Filed under: Judgment lien Debt Lien

I have 8 days before the writ of execution. I have a home and contents under $60,000 with a bank lien on it. I have a 10 year old truck that I use to make a living and it also has a lein on it. EVERYTHING I own, house, tools for work, wife's car, my truck- has a bank lien. I have no other real estate.
I have carried a ZERO balance/ or hegative balance checking account for over two years.
I intend to pay the debt, but cannot do so for another year-
Based off of what I have stated to you all- can they seize anything?

Attorney Answers 1


Texas is well known to be a good state in which to be a judgment debtor. A judgment creditor is limited to seizing non-exempt property and for many people, that means they do not own anything that can be seized.

If your home is your homestead, it cannot be taken from you (as long as you keep making mortgage payments). A husband and wife can claim two vehicles as exempt and your tools for work are also exempt. Any qualified retirement plans (including an IRA) are also exempt.

Basically, any personal property for use of the family that has an aggregate fair market value of $60,000 or less (excluding liens) is exempt. (Please see the sections of the Texas Property Code to which I have supplied links).

If, however, you have not filed a Homestead Exemption on your residence, you should do so immediately, just be safe.

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I know it looks as if I'm in a bad way and that I'm close to desolate, but despite my situation this is the only money issue I have. The debt (judgement) is for $9000 and i intend on paying it but cannot do so for another year. Its a bad business deal betwrrn myself and the other fellow and he's been belligerent from day one. I know I've got slim to none recourse at this point and $9000 isnt a reason for bancruptcy at this point. I'm just trying to keep the 'wolf at bay' as i regroup.

Lee Keller King

Lee Keller King


Hang in there! It is possible to recover from this without filing bankruptcy, if that is what you really desire. On the other hand, remember that bankruptcy is always an option to give you a fresh start. Good luck!

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