writ of execution

[tntmom2002]

What is the name of your state? Texas
We have a judgment from a small claim, that we lost in small claims court. what can a writ of execution take from us and what can they not take from us?
Also we have filed chapter 13 bankruptcy, how does this affect the case?

 

[HomeGuru]

What is the name of your state? Texas
We have a judgment from a small claim, that we lost in small claims court. what can a writ of execution take from us and what can they not take from us?
Also we have filed chapter 13 bankruptcy, how does this affect the case?

**A: the writ is stayed due to the BK.

 

[tntmom2002]

writ

I really don't understand your reply, what i want to know is when i am served the writ by the sherriff dept. what can they come into my home and take to sell to pay the plantiff? Also, we have filed bankruptcy and have nothing of value, that doesn't already have a lien aganist it.

 

[HomeGuru]

Please post in the BK forum since that is most applicable.

 

[Ladynred]

You have filed for bankruptcy ( and this would be better in that forum). When you file, an automatic stay goes into effect and no creditor, whether there's a judgment or not, can do anything to collect on the debt. That means that a writ of exection is totally halted by your bankruptcy. They can't serve it and they can't take ANYTHING as long as you're in bankruptcy.

 

[tntmom2002]

Even though this particular judgement has not been filed with bankruptcy? It was not included in the bankruptcy and the law suit is not a company it is a individual that sued us for work that she thinks was not completed when we worked on her house. The lawsuit was filed 2 years after we filed bankruptcy.

 

[HomeGuru]

Please post in the BK forum since that is most applicable.

 

[tntmom2002]

I'm asking about small claims and writ of execution we just so happen have a bankruptcy that may or may not help us out with the judgement against us. Thanks Laura

 

[Ladynred]

Yes, but the answer to your question lies in the BANKRUPTCY.
Why didn't you include this judgment in your CH 13 by having the plan modified ???

 

[HomeGuru]

Yes, why didn't you?

 

[JETX]

Since this debt (judgment) was not included in the bankruptcy petition (creditors list), it is NOT protected by your filing. As such, if your case is still open, I would suggest that you talk with your attorney about amending the creditor list to include it (if appropriate).

In the meantime, if the debt is NOT exempted by your BK filing, Texas exemptions from judgments can be found at:
http://www.toolkit.cch.com/pops/P98_12_assettables_TX.asp