Judgment Against Property Without Income Proof In Collin
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FAQ
While one way to be judgment proof is to have no proper income, another is only to have assets and income that cannot be seized. This generally includes the following: Income from government benefits such as unemployment or disability. In Texas, your primary residence.
This can happen if you didn't receive the original summons due to an outdated address or improper service, or if you missed a court date. If a judgment has been entered against you without your knowledge, it's important to act quickly.
After a default has been taken, a judgment can be taken by either submitting documentation with a declaration as to the truth of the documents, or by having a prove-up hearing, where testimony is taken and documents are submitted. So the answer is yes. They can't execute the judgment without finding you, though.
In layman's terms, a person is judgment proof when they have no collectable income or assets. In this case, it makes no sense for a creditor to take that person to court, because even if the creditor wins the suit and obtains a judgment, the creditor will not be able to collect.
After a default has been taken, a judgment can be taken by either submitting documentation with a declaration as to the truth of the documents, or by having a prove-up hearing, where testimony is taken and documents are submitted. So the answer is yes. They can't execute the judgment without finding you, though.
Texas is one of a few states that allows for 100% homestead protection, meaning your primary residence cannot be seized to satisfy most judgments. Additionally, Texas law provides exemptions for personal property, retirement accounts, and certain types of insurance policies.
While as a matter of law a judgment can not be entered against a person unless the court has jurisdiction over the person -- which normally requires service of process upon the person -- unfortunately that's not how it too often works in practice.
Small Claims The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any.
File a Motion for Contempt. If informal resolution attempts fail, your attorney can assist you in filing a motion for contempt with the Collin County court. This motion notifies the court of the other party's failure to comply with the court order and seeks enforcement.
"(b) The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail.
