Exempt Property

Certain types of money and property are protected in a debt collection lawsuit and cannot be taken by the creditor. Texas court rules require the debtor be provided with notice about their protected property rights.

If a creditor takes protected property, a debtor can take legal action against them to get it back.

Texas Law

Article 16, Section 50 of the Texas Constitution
State constitutional law providing protections for property with a homestead exemption from forced or unauthorized sale for payment of certain debts.
Texas Property Code, Chapter 41
This chapter of the Texas Property Code defines "homesteads" and other land exempt from seizure.
Texas Property Code, Chapter 42
State law that governs the types of personal property that are exempt from garnishment, attachment, execution, or other seizure.

Court Rules

Rule 679b of the Texas Rules of Civil Procedure
Court rule requiring the the creditor or turnover receiver to provide notice to the debtor when a post-judgment order results in the freeze or seizure of personal property.

Understanding the Law

Civil Deskbook
Created by the Texas Justice Court Training Center, this deskbook covers procedure in civil cases in justice court. Chapter 10, Section L discusses exempt property.
What property can be protected from judgment creditors? (TexasLawHelp.org)
An article from TexasLawHelp.org that discusses the type of property that is exempt from being taken by creditors in a debt collection lawsuit.
What does it mean to be "judgment proof"?
An article from TexasLawHelp.org discussing how a person could be seen as "judgment proof" if their property or income cannot be seized by a creditor to pay for a debt.

Forms

Exempt Property in Debt Collection (TexasLawHelp.org)
Ask the court to restore exempt money or property that has been taken or frozen in a debt judgment.

E-Books

Texas residents can access e-books with a free library account.

Texas collections manual
This manual walks readers through the entire process of debt collection as well as provides templates for commonly used legal forms. Topics covered include finding debtor and debtor’s assets, repossession, postjudgment remedies and liens, bankruptcy, as well as trial procedure.

Books

Available when you visit the library in person.

How to collect your own judgment in Texas [print book]
Geared towards pro se individuals, this guide is a "plain English" explanation to the process of collecting a judgment in Texas.
The Texas judgment debtor handbook [print book]
For those who owe a debt, this guide is a "plain English" explanation on what a creditor can and cannot do to collect a judgment in Texas.
Texas litigation guide [print book]
Call Number: KFT 170 D6
Volume 9, Chapter 132 discusses enforcement of judgments.
Texas legal practice forms [print book]
Volume 4, Chapter 68 provides templates for forms related to debt collection.

Note The library cannot tell you what the law means for your situation.

Texas State
Law Library

Small Claims Cases