RustyShakelford
New Member
- Jurisdiction
- Texas
I had a credit card company sue me and they won a default judgement about two years ago. A Court Receiver froze my bank account the day that my paycheck was being direct deposited. I filled out the Protected Property Form and filed it with the Justice of the Peace court. I checked "Current Wages" as the exemption. I was then assigned a court date.
I noticed that on the Harris Country JP court website, there is a notice of a Supreme Court Decision posted. The link to the decision sent me to texaslawhelp.org and on that page I clicked on the section for Turnover-Receivers-> Turnover Receivers and Debt Collection | Texas Law Help
On this page it states the following: Texas Civil Practice & Remedies Code 31.002(f), the statute on turnover receivers, says that "proceeds" and "disbursements" from exempt property cannot be taken by a receiver, and the Texas Supreme Court has stated that this statute "prohibits the turnover of the proceeds of current wages."
When I click the link of the Supreme Court case this is referring to, it leads me to:
806 S.W.2d 795 (1991)
Robert A. CAULLEY, Petitioner,
v.
Ruth CAULLEY, Respondent.
No. C-9274.
Supreme Court of Texas.
March 6, 1991.Rehearing Overruled April 24, 1991
Several statements in the judges opinion seem to be in support of my case.
"II. Turnover Order
We need not reach Robert's constitutional challenge to the turnover statute because the trial court's order in this case is expressly prohibited by the 1989 Amendment to the turnover statute. In 1989, the following section was added to Tex.Civ.Prac. 31.002:
(f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code."
There is also a statement about garnishment.
The receiver's attorney responded to the Protected Property Form with a motion that mentioned cases from the 1920's that establish that once a paycheck is deposited into your bank account, it is no longer exempt.
My question is, has anyone successfully argued that current wages frozen by the bank is still exempt, as these are the proceeds of current wages?
I noticed that on the Harris Country JP court website, there is a notice of a Supreme Court Decision posted. The link to the decision sent me to texaslawhelp.org and on that page I clicked on the section for Turnover-Receivers-> Turnover Receivers and Debt Collection | Texas Law Help
On this page it states the following: Texas Civil Practice & Remedies Code 31.002(f), the statute on turnover receivers, says that "proceeds" and "disbursements" from exempt property cannot be taken by a receiver, and the Texas Supreme Court has stated that this statute "prohibits the turnover of the proceeds of current wages."
When I click the link of the Supreme Court case this is referring to, it leads me to:
806 S.W.2d 795 (1991)
Robert A. CAULLEY, Petitioner,
v.
Ruth CAULLEY, Respondent.
No. C-9274.
Supreme Court of Texas.
March 6, 1991.Rehearing Overruled April 24, 1991
Several statements in the judges opinion seem to be in support of my case.
"II. Turnover Order
We need not reach Robert's constitutional challenge to the turnover statute because the trial court's order in this case is expressly prohibited by the 1989 Amendment to the turnover statute. In 1989, the following section was added to Tex.Civ.Prac. 31.002:
(f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code."
There is also a statement about garnishment.
The receiver's attorney responded to the Protected Property Form with a motion that mentioned cases from the 1920's that establish that once a paycheck is deposited into your bank account, it is no longer exempt.
My question is, has anyone successfully argued that current wages frozen by the bank is still exempt, as these are the proceeds of current wages?
