Writ of Execution

[Rusty01]

What is the name of your state? Texas
A $32K default judgement was recorded in 2003 by a landlord for 6-months unpaid rent, (18-month lease, moved out at 12-months). He filed suit and won rent and financial damages award.

Now a collection agency called and sent notice saying they want to come into my current residence to take pictures of property and inventory home furnishing assets. A writ of Execution shows to be filed with the county clerk as of 10/17. Can they legally come into property to do this? How much personal property is exempt for firms trying to collect a judgement? I have no assets should I let them come in to see that there is nothing of significant value? Can they legally sell any of my belongings (beds, dressers, tables, etc.) when the value is insignificant related to the debt?

Please Help.

[Debt Guy]

Q. Now a collection agency called and sent notice saying they want to come into my current residence to take pictures of property and inventory home furnishing assets. A writ of Execution shows to be filed with the county clerk as of 10/17. Can they legally come into property to do this?

A. Yes. They may need a court order to do so. My guess is that this is an effort to stress you out. They really don't want your couch. They want their money.

Q. How much personal property is exempt for firms trying to collect a judgement?

A. Texas statues address exempt property. I can't find the answer right now but I will try to find and post a link to the statues on exemptions.

Q. I have no assets should I let them come in to see that there is nothing of significant value?

A. You may not have a choice. The creditor has the right to do everything legal to collect what you owe.

Q. Can they legally sell any of my belongings (beds, dressers, tables, etc.) when the value is insignificant related to the debt?

A. Yes as long as the property is not exempt.

[Rusty01]

Any advice on the Texas Statutes for exempted property/ possessions would be a great help!

[Debt Guy]

Take a look at this link. I realize it is backruptcy exemptions -- in many statues the asset exemptions in bankruptcy are the same as general creditor exemptions.


[url]http://www.totalbankruptcy.com/state_exemptions_texas_summary.htm[/url]

There is a link on that page that will let you read the full statue. That is where you will probably find more details about personal property exemptions.

This was the best I could find. Maybe someone else will post something more on point to your questions.

[Chien]

I'll check and post too.

But OP, while my first thought is the same as Debt Guy's - they're trying to stress you - they can conduct a sale of non-exempt property if they're determined. Normally, the costs of doing it militate against trying but . . . .

Have you had direct contact. Are they open to any other approach? Have they proposed anything else?

[Chien]

The Federal exemptions correspond very closely to the State exemptions, and your homestead is wholly exempt, which gives greater credence to the "stress out" theory.

Here's another link:
[URL]http://www.capitol.state.tx.us/cgi-bin/cqcgi[/URL]
Chapter 31 will give you the full flavor of the enforcement process.