Contact us
The Blog
Our System
Collecting Judgments
Foreign Judgments
Getting Started
Construction Liens
The Press
Your Legal Question

Property Exempt from Execution

Certain property cannot be seized and sold to satisfy a judgment. A partial list of the most common types of property exempt from execution is as follow:
1. the homestead; 

2. personal property of various categories specified by statute, up to the aggregate fair market value, exclusive of any charges encumbering the property, of $60,000 for a family or $30,000 for a single adult who is not a member of a family (Tex. Prop. Code §§ 42.001, 42.002; 

3. current wages for personal services, except for the enforcement of court-ordered child support (Tex. Prop. Code § 42.001(b)(1)); 

4. professionally prescribed health aids of a debtor or his dependent (Tex. Prop. Code
§ 42.001(b)(2));

5. certain retirement benefits and funds; 

6. workers’ compensation payments (Tex. Labor Code § 408.201); 

7. cemetery lots held for purposes of sepulchre (Tex. Prop. Code § 41.001); 

8. property that the judgment debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee points out other property of the debtor sufficient to satisfy the execution 

9. assets in the hands of the trustee of a spendthrift trust for the benefit of the judgment debtor (Tex. Prop. Code § 112.035; see also Hines v. Sands, 312 S.W.2d 275, 278 (Tex. Civ. App.—Fort Worth 1958, no writ));

10. insurance benefits (Tex. Ins. Code §§ 1108.051–.053); 

11. alimony, support, or separate maintenance payments received or to be received by the debtor for his support or the support of his dependents (Tex. Prop. Code § 42.001(b)(3)); and 

12. judgments of Texas courts. See Visage v. Marshall, 763 S.W.2d 17, 18 (Tex. App.—Tyler 1988, no writ). BUT, a motion for turnover is an effective remedy to reach a judgment owned by the debtor.

The Abstract
Writ of Garnishment
Post-Judgment Investigation
Post-Judgment Deposition
Motion for Turnover
Writ of Execution
Property Exempt from Execution
Spousal Property

Email:  Darrell W. Cook