How can a court award any of your personal property to a debtor?
Monday, December 15th, 2008 at
7:55 pm
Jasminkisses asked:
I have a hearing where the court will determine my ability to pay a debt. Certain property is exempt, but how can a court determine whether or not you own property that is non-exempt if its existence can’t be proven?
How can the court determine if you have any personal property besides cash, deposit accounts and autos/rvs/boats etc…
I have a hearing where the court will determine my ability to pay a debt. Certain property is exempt, but how can a court determine whether or not you own property that is non-exempt if its existence can’t be proven?
How can the court determine if you have any personal property besides cash, deposit accounts and autos/rvs/boats etc…
Tagged with: Boats • Court Award • Deposit Accounts • Existence
Filed under: Attorney FAQ
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Exempt property is defined by law. In Texas, for instance, one’s homestead, one’s horse, tools of one’s trade, etc. are exempt and listed in the statute.
The existence of property can be proven by testimony of witnesses, including the defendant. Under some circumstances, you may be required to identify and locate personal property you own. Failure to testify or respond fully and accurately may result in sanctions, including jail.
My guess is that you do not yet have an attorney. Bad idea. Consult your lawyer as soon as possible. If you do not have a lawyer, use the lawyer referral service of your state bar.
You will be required to provide an asset statement. If the creditor has good reason to believe that you own stuff that you left off the statement, he can make a complaint to the court, and you run the risk of being found in contempt of court.
Richard