What Creditors Can't Take in Texas
Money, home and vehicle exemptions that protect your property from creditors in Texas.
Short answer: No general exemption for cash or bank deposits. Exempt funds (such as Social Security) remain protected, and after a bank garnishment the creditor must send the debtor a Notice of Protected Property Rights and a claim form. Tex. Prop. Code 42.001-42.002; Tex. R. Civ. P. 663a, 679b
| Money protected in a bank account | No general exemption for cash or bank deposits. Exempt funds (such as Social Security) remain protected, and after a bank garnishment the creditor must send the debtor a Notice of Protected Property Rights and a claim form. Rules: https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf |
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| Homestead exemption | No dollar limit. The homestead is exempt from creditors' claims (except purchase money, property taxes, certain improvement contracts and other permitted liens). Area limits: up to 10 acres for an urban home; up to 200 acres for a rural family home or 100 acres for a single adult. Source: Tex. Prop. Code 41.001, 41.002 |
| Vehicle exemption | One motor vehicle for each family member (or single adult) who holds a driver's license, or who relies on someone else to drive for them, counted within the overall personal property cap of $100,000 for a family or $50,000 for a single adult. |
Where to get help in Texas
More Texas debt & collections
- Statute of Limitations on Debt in Texas
- Wage Garnishment in Texas
- How to Respond to a Debt Collection Lawsuit in Texas
- Medical Debt Protections in Texas
- All Texas debt & collections rules
FAQ
How much money in a bank account is protected from creditors in Texas?
No general exemption for cash or bank deposits. Exempt funds (such as Social Security) remain protected, and after a bank garnishment the creditor must send the debtor a Notice of Protected Property Rights and a claim form.
What is the homestead exemption in Texas?
No dollar limit. The homestead is exempt from creditors' claims (except purchase money, property taxes, certain improvement contracts and other permitted liens). Area limits: up to 10 acres for an urban home; up to 200 acres for a rural family home or 100 acres for a single adult.
Can a creditor take my car in Texas?
One motor vehicle for each family member (or single adult) who holds a driver's license, or who relies on someone else to drive for them, counted within the overall personal property cap of $100,000 for a family or $50,000 for a single adult.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.