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If I have several unsecured debt judgements against me in Texas can they take away my car or garnish my wages?

El Paso, TX |

I have three unsecured debt judgments amounting to almost 75,000 and i live in Texas. I have read that they can not take your homestead, but my main concern is if they can take away my two cars or garnish my wages, i heard that they cant. But i have a low paying job right now and afford them to garnish my wages. Is there any vehicle exemption i need to file or are vehicles automaticaly exempt in Texas?

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Attorney answers 1


Under the Texas Property Code, a debtor has significant rights to protect his or her assets. A debtor can protect a lot of assets from seizure by even a creditor with a judgment. You can review my legal guide to see what all assets you can protect from even a judgment creditor at the following web link:

Your home is your homestead and is protected from seizure if you own it and live there. You can also protect your current wages (they are free from garnishment by an ordinary creditor), and one car per person with a driver's license in your household.

Please note that if a sheriff or constable appears to execute on a judgment, you have to designate which property is exempt from seizure under the Property Code, or the sheriff or constable may cart it off.

Typically, a creditor does not like to spend good money after bad. If you are judgment proof (meaning, you have no non-exempt assets), the creditor can seize none of your assets. In that instance, the creditor should be willing to negotiate to settle for a small percentage of the actual debt.

Good luck.

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