writ of execution laws

[ksbros]

What is the name of your state? Texas
If I have to file a writ of execution on a small claims case that they have not paid what are the laws on that? What legally can I or the sherriff take from the people to settle the claim?

 

[JETX]

If I have to file a writ of execution on a small claims case that they have not paid what are the laws on that?

What do you mean?? You request the writ from the court, it is served by the constable or sheriff. There are no specific 'laws' involved.

What legally can I or the sherriff take from the people to settle the claim?

ALL of the following property is EXEMPT from judgment seizure in Texas:
Homestead: Unlimited. However, property cannot exceed 1 acre in town, village or city, or 100 acres (200 acres for families) elsewhere. Sale proceeds exempt for 6 months after sale. Debtor need not occupy homestead if debtor does not acquire another home. May file a homestead declaration.

Pensions and Retirement Benefits: ERISA-qualified government or church benefits. Funds exempt for county and district employees, firefighters, judges (Keoghs to extent tax-deferred), law enforcement officers' survivors, municipal employees, police officers, state employees and teachers. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Except for Roth IRAs, IRAs limited to tax-deductible contributions.

Insurance: Life, health, accident or annuity benefits or monies, including policy proceeds and cash values to be paid or rendered to beneficiary or insured. Life insurance present value if beneficiary is debtor or debtor's dependent. Retired public school employees' group insurance. Texas employee uniform group insurance. Texas state college or university employee benefits. Fraternal society benefits. Church plan benefits.

Personal Property: Athletic and sporting equipment, including bicycles. 2 firearms. Home property furnishings, including family heirlooms. Food. Clothing. Jewelry (not to exceed 25% of total exemptions). One two-, three- or four-wheeled motor vehicle per member of family or single adult who holds a driver's license, or who operates vehicle for someone else who does not have a license. 2 horses, mules or donkeys and a saddle, blanket and bridle for each; 12 head of cattle; 60 head of other types of livestock; 120 fowl and pets all up to $30,000 total ($60,000 for head of family). Burial plots. Health aids. $30,000/$60,000 total is reduced by exemptions claimed for tools of trade, unpaid commissions and life insurance cash value.

Tools of Trade: Tools, equipment, apparatus (including boat), motor vehicles, and books used in trade. Farming and ranching implements.

Miscellaneous: Business partnership property.

Wages: Earned but unpaid wages; unpaid commissions up to 75%.

Public Benefits: Unemployment compensation. Workers' compensation. AFDC. Crime victim's compensation. Medical assistance.

 

[DiannaMaria66]

Exempt

If all of that stuff is "exempt" what's left to snag?

 

[JETX]

If all of that stuff is "exempt" what's left to snag?

That is like asking 'how many of those bright 'points' in the sky aren't planets'??

 

[DiannaMaria66]

I guess I am not comprehending .....if something is EXEMPT ...I think that means ' ya can't touch that' to satisfy a judgment.

If you have the time and inclination, I would appreciate an impromtu crash course.


I guess you are saying the assets that are not included in that list of exemptions are too numerous to mention....

 

[JETX]

I guess I am not comprehending .....if something is EXEMPT ...I think that means ' ya can't touch that' to satisfy a judgment.

That is correct...... and anything that is NOT listed in the post I provided is NOT exempt.
Example: Does he have a boat (that is not used as a 'tool of trade')?? If so, that would be subject to seizure and auction.
One of my favorite stories was when I grabbed a debtors 'roundy-rounder' race car!!! He about wet his pants when the sheriff (who knew him) and I pulled up with a sheriff pickup and hooked up his trailer. Took the car, trailer, tires, even an extra engine. Yep, he managed to find the $23,000 within 3 days!! He did miss his Saturday night races though. Understand he had a heck of a time explaining why he didn't have his 'toy'.... and his driver found another ride!!

 

[DiannaMaria66]

Thank you for elaborating JetX . I appreciateed the explanation and enjoyed the war story as well.