AIDS and the Law Page: 20 of 24
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AIDS AND THE IAW
If you have certain types of mortgage insurance, you may be able to
work out payment through your mortgage company or government agen-
cies. You may also be able to refinance your note if you can make the
lower payment in the future. If you cannot pay the house note, contact
an attorney.
Who can take my personal property if I cannot pay my debts?
In Texas, any creditor that has a lien on your property may take the
collateral. If none of your property was pledged as collateral for a debt,
your creditors must sue you to take your property. Texas exempts from
seizure and sale one car per licensed driver in the home (if it is not
collateral for a loan), $30,000 worth of furnishings and personal posses-
sions, ($60,000 for a family), two guns, the tools of your trade or profes-
sion, qualified retirement accounts and IRA's, and other miscellaneous
items.
Can other creditors force the sale of my house?
Probably not. Texas law prevents the forced sale of a homestead, except
by the purchase money lender, a home improvements contractor or lender,
or the Internal Revenue Service. If you sell the homestead, however, the
proceeds are exempt only for six months. If you have not put the money
into a new house by that time your creditors can take the cash profits.
Also, the homestead exemption ends upon death.
What are garnishment and attachment?
Garnishment is when a creditor gets a court order allowing him/her to
get your money directly from someone who owes it to you, such as your
employer. Attachment is when a creditor gets a court order tying up your
property or funds."
Can a creditor attach or garnish my wages, social security benefits, or
other income?
Texas prohibits the garnishment of wages except for the payment of
court ordered child support and taxes. Workers compensation benefits,
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/20/: accessed June 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.