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    LaTanyaBS's Avatar
    LaTanyaBS Posts: 1, Reputation: 1
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    #1

    Dec 27, 2006, 08:57 PM
    Texas law regarding judgments
    I have read where in the state of Texas, the homestead exemption forbids creditors for seizing your property. However, 41.001 (c) states that a "homestead claimant's proceeds of a sale of a homestead are not subject to seizure for a creditor's claim for six months after the date of sale." It seems like this law states that even though they cannot take your home or force you to sell, after the property is sold, proceeds must go to them.

    Also, I was never given my day in court. I received a notice of judgment after the fact saying that the creditor sued me and the court filed in favor of the plaintiff. Can they sue me without notice?:confused:
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Dec 28, 2006, 05:02 AM
    NO, they must serve you with proper notice. Since you are not serve notice you can file motion to void the judgment.

    Google search under void judgments, it will help you understand the procedure.

    THe court must have subject matter jurisdiction and personal jurisdiction over both parties.

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