Texas STATE LAW
WAGE GARNISHMENT EXEMPTION:
– 100% of wages are exempt.
MAXIMUM INTEREST RATE:
– Legal: 6% with agreement
– Up to 18% without agreement
– Judgment: 10%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
– Open Account (credit card): 4 years
– Written Contract: 4 years
– Domestic Judgment: 10 years (Renewable)
– Foreign Judgment: 10 years (Renewable)
BAD CHECK LAW DAMAGES:
– None
tape recording
– One party state
BANKRUPTCY PROPERTY EXEMPTIONS:
(Texas Revised Civil Statutes Annotated)
– Can use either the state exemptions below or the federal exemptions
– The State of Texas has exempted the property and income below from seizure by the bankruptcy court to pay creditors:
Real Property:
– Real property, unlimited value, up to one acre in town or city and 200 acres elsewhere (100 acre limit if unmarried) must file exemption with county, proceeds of sale are exempt for six months [41.002]
Personal Property:
– Jewelry up to 25% of total exemption, 60 livestock, motor vehicle, pets, 120 poultry, tools, total of all personal property, life insurance cash value, and unpaid commissions up to $30,000 or up to $60,000 for head of family
– Any or all of the following to a total value of $60,000 for a family debtor ($30,000 for a non–family debtor) [42.001 and 42.002]
– Athletic and sporting equipment, boat, books, bicycles, cattle (12)
– Equipment, clothing, farming or ranching equipment, two firearms, food, heirlooms, home furnishings, two horses or donkeys and saddle, blanket and bridle for both
– Professionally prescribed health aids100 percent.
Insurance / Annuities:
– Life, health, accident or annuity benefits, cash value, or proceeds (cannot exceed limit under personal property section above) [Insurance 21.22]
– Retired public school employees group insurance, unlimited amount [Insurance3.50–2(10)(a)]
– Texas state employee uniform group insurance, unlimited amount [Insurance 3.50–2(10)(a)]
– State college or university employee benefits, unlimited amount [Insurance 3.50–3(9)(a)]
– Benefits from fraternal society, unlimited amount [Insurance 10.28]
– Life insurance if beneficiary is debtor or debtor's dependent, unlimited amount [42.002(a)(12)]
Pensions / Retirement Plans:
– County and district employees, unlimited amount [Government 811.005]
– Firefighters [6243e(5) and 6243e.1(104)]
– Judges, unlimited amount [Government 811.005]
– Municipal employees, unlimited amount [6243g and Government 811.005]
– Police officers, unlimited amount [6243d–1_17), 6243j(20), 6243g–1(23B)]
– Tax–deferred retirement benefits, unlimited amount [Property 42.0021]
– State employees, unlimited amount [Government 811.005]
– Teachers, unlimited amount [Government 811.005]
Public Benefits / Entitlements:
– Unemployment compensation, unlimited amount [522lb–13]
– Workers' compensation, unlimited amount [8308–4.07]
– Aid to families with dependent children [Human Resources 31.040]
– Medical assistance, unlimited amount [Human Resources 32.036]
Wages:
– Earned but unpaid wages, unlimited amount [42.001(b)(1)]
– Unpaid commissions up to 75% with limits (see personal property section) [Property 42.001(d)]
Miscellaneous:
– Business partnership property, unlimited amount [6132b–25]
– Amount of alimony needed for support [42.001(b)(3)] |