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The short answer is usually, “No,” but it’s not always the answer.  Let’s first assume that the judgment has nothing to do with your house at all (eviction, foreclosure, or some criminal activity…).  What happens when a court grants someone a judgment against you, and you own a home?

Generally, your homestead is protected.  Other land, whether improved or not, would likely NOT be protected.  Well then, what could happen?

If you are lucky, nothing, but anyone with access to puclic records can determine whether or not land is titled in your name.  If that is the case, a Judgment Creditor can file for a Writ of Execution on any property owned by a Judgment Debtor.  The county will allow the Judgment Creditor to sieze the property, sell the property, and recover for the judgment, including any fees involved in such recovery.

In a nutshell, if you own multiple pieces of property and you have a judgment against you, the place you call home is generally safe, but the place you call passive income may not be called that for long (at least not by you).

If you have a judgment against you or are currently involved in civil litigation, consult an attorney with your questions.  Waiting around may cost you more than you bargained for.

Legal Disclaimer

This blog site provides only general information about the law and does not, under any circumstances, constitute legal advice. You should not act or refrain from acting based on these materials without first obtaining the advice of professional legal counsel.

 

Houston Business Litigation, Consumer Debt, and Real Estate Attorney