What assets are protected in a lawsuit in Texas?

Asked by: Helena McDermott  |  Last update: January 21, 2026
Score: 4.7/5 (10 votes)

For example, the total value of a debtor's homestead is protected, regardless of its value, from seizure by creditors. Retirement accounts, such as IRAs and 401(k) plans, are also protected from creditors. Texas goes further than most states by protecting retirement accounts even if they are inherited accounts.

What assets are exempt from lawsuits in Texas?

Texas law itself provides a substantial amount of protection for certain assets. In most cases, these include your homestead, a specific amount of personal property, retirement accounts, 529 college savings accounts, life insurance and annuities.

What assets cannot be seized in a judgement in Texas?

If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.

Can I lose my house in a lawsuit in Texas?

I am sorry to hear about your situation. Fortunately, under Texas Law, your homestead is legally protected. Meaning that a judgment creditor (other than a mortgage foreclosure or IRS debt) is unable to seize your home in Texas if it is your homestead.

What assets can be taken in a lawsuit?

If a creditor files a lawsuit against you and wins a judgment, they can seize quite a few assets. They can garnish your wages, levy your bank account, and even go after your personal property. This includes everything from cars and furniture to clothing and household goods.

Asset Protection Strategies in Texas

44 related questions found

How do I protect my bank account from a lawsuit?

The 8 Ways To Protect Your Assets From A Lawsuit You Should Know About
  1. Use Business Entities. ...
  2. Personal Insurance Ownership. ...
  3. Utilizing Retirement Accounts For Asset Protection. ...
  4. Homestead Exemptions. ...
  5. Titling. ...
  6. Annuities And Life Insurance. ...
  7. Transfer Assets To Your Loved Ones.

What is the strongest asset protection?

An asset protection trust (APT) is a complex financial planning tool designed to protect your assets from creditors. APTs offer the strongest protection you can find from creditors, lawsuits, or judgments against your estate. These vehicles are structured as either "domestic" or "foreign" asset protection trusts.

How do I protect my assets from a lawsuit in Texas?

Asset Protection in Texas
  1. advance, pre-emptive planning before lawsuits and creditor action.
  2. creating a legal barrier to personal liability with the appropriate entity.
  3. separating assets (properties) from activities (contracts, leases, etc.)
  4. maximizing anonymity in the public records.

What are lawsuit limits in Texas?

Texas law gives someone 4 years to bring a lawsuit for unpaid debt. This time period is commonly referred to as the statute of limitations. Once the time period is up, a person is prohibited from filing suit to recover the debt. This means the debt is time-barred.

Are the sellers of a house liable for repairs after the closing in Texas?

Texas law requires sellers to be truthful about any material defects in the property. If a seller withholds or downplays the cost of repairs, they may be held responsible for fixing those issues.

How do you hide assets from a Judgement?

Instead, “hiding” assets wisely involves doing things like:
  1. Putting the assets in offshore accounts or trusts where your creditors may not know to look.
  2. Putting assets in places where they are unreviewable by creditors or lawsuit plaintiffs so they don't know how much money “you” have.

What happens if you lose a lawsuit and can't pay in Texas?

Monetary Judgment: A monetary judgment, known as a “levy,” allows a creditor to take funds directly from your account. Judgment Lien: A judgment lien allows a plaintiff to take control of real property owned by the defendant (that is not exempt) or take the money owed from the sale of that property.

Can your bank account be garnished in Texas?

A writ of garnishment allows a creditor to seize property from a debtor that is being held by a third party. While some property is exempt from garnishment in Texas, such as wages, other property such as bank accounts and stocks may be subject to garnishment.

What assets are Judgement proof in Texas?

In Texas, your primary residence. Exempt personal property, which generally includes a single vehicle up to a certain value. In Texas, it also includes personal property up to $50,000 for an individual, or $100,000 for a family, tools of your trade, clothes, and pets.

How do I protect my car from a judgement?

Debtors can protect some of their assets from judgment creditors through their state's property exemptions. Exempt property is protected from seizure when a creditor gets a judgment against you. For example, if the value of your car falls under a state exemption, you get to keep the car if a creditor tries to take it.

What is the maximum amount for a civil suit in Texas?

Small Claims Cases in Texas

The limit to the amount that a person can sue for in small claims cases is $20,000.

What assets are exempt from lawsuit in Texas?

Like Social Security, many other types of income you may receive are protected ("exempt") from being taken by judgment creditors.
  • Veterans Administration benefits.
  • Workers' compensation benefits.
  • Temporary Assistance for Needy Families (“TANF”) funds.
  • Unemployment benefits.
  • Child support, alimony, and spousal support.

What is the rule 167 offer of settlement in Texas?

Under Rule 167, a "reasonable" settlement offer is one not "significantly less favorable" to the offeree than the actual judgment at trial. This means that for offers made by a defendant to a plaintiff -- a settlement offer is reasonable if the judgment is less than 80% of the offer amount.

Is there a cap on lawsuits in Texas?

Generally, caps in Texas are set at $250,000 for medical malpractice cases involving individuals as well as $500,000 for other personal injury claims. In terms of non-economic damages, Texas has adopted a cap of $750,000 per person with some exceptions.

Can a lawsuit take your house in Texas?

Texas law provides robust protection in this area through the homestead exemption. Essentially, this exemption actively protects your primary residence from claims by most creditors, even when facing a legal judgment against you. The scope of this exemption is generous.

How do I protect my personal assets from a lawsuit?

Insuring Your Assets: A Basic First Step

Investing in an umbrella liability insurance policy is a good first step to protecting yourself against civil action. The company who provides your homeowner's insurance or auto insurance policy probably offers this type of add-on policy.

Are 401k protected from lawsuits in Texas?

Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account.

How do you make assets untouchable?

If you already have some legal experience, you might see how an asset protection trust is excellent for protecting assets from litigation and creditors. By removing ownership of the valuable assets in question away from you and your immediate family members, you make those assets practically untouchable…

What are examples of asset protection?

6 Most Common Asset Protection Examples
  • Insurance Policies. Insurance policies are popular defensive tools for doctors, business owners, and other professionals. ...
  • Retirement Plans. ...
  • Prenuptial Agreements. ...
  • Limited Liability Companies. ...
  • Domestic Asset Protection Trusts. ...
  • Offshore Asset Protection Trusts.

How much does an asset protection lawyer cost?

Asset protection planning can be fairly straightforward. Sometimes there are no tax issues involved and the client's goal is simply to shield the family home or retirement savings from liability claims. In these cases you might expect legal fees in the range of $5,000-$6,500 depending on the complexity involved.