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No. A judgment creditor can place a lien against real property but a forced sale of a homestead is not possible. Texas is one of the few states that has a constitutional statute that directly forbids the forced sale of a primary residence for creditor debt. No, Texas has a specific statute which directly forbids the forced sale of a homestead for creditor judgments.

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โˆ™ 2006-04-04 02:59:47
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Q: Can your home be taken when a judgment is filed against you in Texas?
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Can your home be taken when a judgment is filed against you in South Carolina?

Maybe. It depends upon how the property is titled and to whom the judgment is against in relation to how the property is titled, (TBE, JTC, JT, etc.). However, the usual judgment execution would be as a lien against the property not a forced sale. Forced sales of primary residence is possible but is costly and time consuming for the judgment creditor and therefore is rarely used as an option to recover a judgment award.


Can a trust's property be taken if one of the trustees has a judgment against him?

A judgment against the trustee in his individual capacity will not affect the trust property. A judgment against the trustee as the trustee will become a lien on the trust property.


Can a judgment be taken from your 401K account in Texas if that is all you have?

Generally speaking, 401k's are protected from judgements.


In Texas What happens to a judgment against a husband by his wife during the divorce and the husband dies Does the judgment die also or is it passed on to the Dad which is the only aire?

In the state of Texas, if there are no children, the judgement stands, and the amount of the judgement would be handed down to the father, if he is the husband's only heir. This can however be taken to court and disputed.


Can your residence be taken in a law suit?

If the judgment is against you and you do not pay it, the home can be sold to pay the debts.


How can a civil judgment be placed after bankruptcy Mortgage included in bankruptcy and after discharge bank filed civil judgment for amount of mortgage Can they do thid?

Assuming a Chapter 7 was filed, if you did not surrender the property to the bank, the bank would file for relief from stay and be able to pursue foreclosure. If you surrendered the property, the mortgage balance was discharged and the bank was in violation of the automatic stay. A notice of the bankruptcy should have been filed with the court the bank sued you in. You cannot ignore legal procedures taken against you after a discharge. You have to respond appropriately.


I have an unpaid medical bill that has been turned over to a collection agency who is taking me to court. I do not have health insurance and do not have the money to pay. Could I go to jail?

Well....The court action that the agency has filed against you is a civil not a criminal action. The judgment is to protect the creditor, and in most states, the judgment has to be taken first before any garnishment action. Therefore, no jail.But..If your going to the doctor was a visit with intent to defraud, you could possibly have charges filed against you but the odds of that are extremely low!


What is a judgment in personal finance?

When a person is taken to civil court (for example, a credit card company suing a cardholder to get paid back), the court makes a judgment for or against the plaintiff (entity initiating the lawsuit, in this example, the credit card company). If the judgment is for the plaintiff, the result is effectively a judgment against the defendant (the person taken to court in the example). Part of the judgment is the amount that is to be paid to the entity winning the court case (judgment). Judgements against a borrower (and the amount set to be paid by that borrower) will make their way onto the credit report and will cause a drop in credit score.


Who is a garnishee?

If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.


What legal action can be taken to collect from someone that has a judgment against them in small claims?

It varies by state, but post judgment remedies generally include garnishments, levies, and attachment to property.


If you had a levy placed against your bank account in 2005 and nothing has happened since can action still be taken at a later time?

In all likelihood it would be necessary for the creditor to refile the judgment as a new bank account levy or even renew the judgment and then file. The action that can be taken by a judgment creditor is determined by the laws of the state where the judgment is entered.


Will you be forced to sell your home if there is a judgment lien against the property?

The judgment holder can request the court for a forced sale of a primary residence. The action is not a simple procedure and is usually taken as a last resort for the judgment creditor to recover monies owed. In the majority of instances, the homestead exemption will protect the encumbered property from a forced sale. Also, several states (Texas being one) have laws that do not allow a judgment creditor to enforce a sale for of a primary residence.


Can a judgment garnish child support payments?

Not sure in what context you mean, but yes a court order can garnish your wages for child support. IF the custodial parent has filed a support order and paternity has been established then YES absolutely your wages can be garnished. If you mean that a creditor filed judgment against you and you are the one receiving child support, they cannot touch that money, but if you are getting those direct deposited and the creditor attaches the order to your bank account the child support can be taken indirectly that way. Good luck


Can a creditor garnish your wage in Florida?

Yes. If a judgment is entered against you by a court, your wages may be taken from you to pay the judgment. Garnishment law allows the judgment creditor to obtain a continuing writ of garnishment which orders your employer to deduct money from your periodic wages until you have paid off the judgment.


In Nevada can your only vehicle be taken if you don't pay a judgment from small claims court?

If the court order is to lien your assets, yes. Possibly, if there is a loan against the vehicle, the lien may not be able to attach it. You must check locally and carefully read the judgment against you.


How do you file a recognition of exemption against a creditor who has taken property that is exempt of a judgment in the state of Florida?

Is there a form for this? Should I write a letter to the judge?


What assets or money can be taken from us if a judgment has been made against us to collect unpaid rent for a business we had to close?

It depends on the details. If the business was incorporated and the judgment was against the corporation the creditor can only take business property and assets. If you owned the business as individuals then a judgment creditor can take any of your assets to satisfy the judgment: bank accounts, vehicles, boats, equipment, real property, etc.


Actions that can be taken against some one who tampers with your mail?

Tampering with the mail is a federal offense. If you know of someone who has been tampering with your mail, contact the postal office. They can have charges filed against the person.


How long will it take to garnish wages after a debt judgment has been filed?

That cannot be answered unless you consult the local legal code. There is a grace period before any action can be taken. That allows an appeal to be filed if it is available. The legal papers can be flied in a day or so after there the delay required has been satisfied.


What is the legal definition of non-suit?

Action in form of a judgment taken against a plaintiff who has failed to appear to prosecute his action or failed to prove his case,


What is the difference between pre-judgment depositions and post-judgment depositions?

Pre-judgment depositions are taken prior to trial and reflect issues of whether or not the defendant is liable. Post judgment depositions are taken after a trial (or settlement) and typically go to issues of the amount of liability or methods of enforcing the judgment.


How could a person seek judgment against the government?

A person could seek a judgement against the government in the same fashion they would see judgement against anyone else. A file would be made against the government or government faction and be taken up in a court of law.


What legal action can be taken in the state of Texas for charge off debt?

The creditor/lender can file a lawsuit in the appropriate court of the debtor's state. If the creditor wins the suit a judgment will be entered against the debtor. A judgment can be executed against the debtor's nonexempt property/assets including jointly owned marital property and assets, as Texas is a CP state. The state does not allow wage garnishment for creditor judgments but it does allow bank levy, seizure and liquidation of nonexempt property and liens against real property (a forced sale of a primary residence is not allowed). The exemptions that are allowed in bankruptcy are the same ones available to the debtor when defending property against a judgment creditor. In addition, the debtor may be able to use federal non-bankruptcy exemptions to further protect personal and real property from creditor attachment.


What legal action can be taken for an unpaid bill?

You can hire a collector to collect it. You can also ask the court for a judgment against the debtor which give s you a legal right to collect it.


Can an life insurance proceeds be taken when bankruptcy is filed?

Yes