QUESTION
Can a debt collector force you to sell non exempt property in Texas to satisfy a judgement when you own the property with another person ?
Asked on Jul 28th, 2013 on Civil Litigation - Texas
More details to this question:
I paid 7,000 out of 14,000 to a dry cleaning company on an insurance claim. I withheld the other 7,000 because they ruined over 10,000 worth of our stuff. We tried to work out something and they only wanted to allow me 1,500 to replace our stuff. They took me to court and won a judgement of 7,700 which included their attorneys fees. The Judge said since I signed the paper allowing them to clean my stuff that she had to rule in their favor. I was out of town when they removed all of our textiles and signed it after the fact. So now they are going after a house I own with my ex husband because it is non exempt. Can they force me to sell the house when I own it with him? He has nothing to do with this lawsuit. Or can they just put a lien on it?
1 ANSWER
General Practice Attorney serving Cleburne, TX
Partner at
Cain & Associates Attorneys at Law
1 Award
Assuming the house is neither one of your homesteads and there are no other exemptions available, then most likely, they can force the property to be sold. They can levy upon your 1/2, then they would have to have the property partitioned before they could collect.
While it is possible for them to levy upon the house, it is unlikely given the amount of the judgment versus how much it would cost to exercise upon the judgment.
The can also abstract the judgment in the county where the property is located and that abstract will be valid for 10 years. Should the property be sold during that time, they could exercise their rights on your 1/2 of the property at that time. There is a way for them to extend the abstract for another 10 years, although it is a difficult and technical process.
Answered on Jul 29th, 2013 at 4:19 PM