Legal Question in Real Estate Law in Texas

medical expenses

Can a medical facility force sale on rental property to pay medical expenses, even if I am paying what I feel I can afford to pay monthly?


Asked on 8/21/07, 3:15 pm

1 Answer from Attorneys

Jason Charles Ciarochi Ciarochi and Associates, PLLC

Re: medical expenses

Yes. In short, in Texas, only nonexempt assests can be protected from seizure and sale, and even that rule has limits and exceptions.

Typically, a debtor can keep the house that they live in and one car for every family member who lives there who is over 16 (if those creditors are not after them)). Any other boats, RVs, other properties, etc. can be sold.

[I had to assume that by rental property, you mean a separate piece of real estate that you own and lease out to someone else...] Additionally, the answer depends on what stage in the collection process you are at...

If a medical facility or any other bill collector sued you and obtained a judgment, they could get a judgment and then try to execute on that judgment by selling an investment property (one that you rent out).

If they do not have a judgment against you, then cannot take anything. If they have a judgment and you are making monthly payments, they could still take something (especially if you let them) . You could hire a lawyer and argue that you have a payment plan or some other understood relationship, but that is an uphill climb.

If they have a judgment, you should consider quitclaiming the rental property to a spouse or loved one (ideally a legitimate third party), so that if they are lazy, they will look for it in next year's records and will no longer find it under your name. Of course, transactions with close family members will be scrutinized for defrauding creditors.

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Answered on 8/22/07, 6:45 am


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