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: 3/2 large brick home, with large shop on 1 ac corner lot. $259,900. See pics @ or 576-4069.
Q: You have said that there generally is no garnishment in Texas. If there is no garnishment in Texas, how did a creditor garnish my bank account?
A: After someone loses a lawsuit, the court will issue a “judgment” against that person. A writ of garnishment is one device that is used to collect a judgment. What I have said is that the Texas Constitution generally prohibits wage garnishment. With the exception of child support, student loans and certain taxes, wages are “exempt” and a creditor may not garnish a person’s wages to collect a judgment.
The writ of garnishment, however, can be used to take any “non-exempt” money or property that is owed to the debtor. Wages are just one form of property that may be garnished. The writ also may be used to obtain other property, such as money in a bank account, accounts receivable, or debts owed by another person to the debtor. For example, if you have a savings or checking account, the account is not “exempt” and a creditor may garnish all of the money in the account.
Q: My young son was playing baseball with some neighborhood kids in a friend’s backyard. My son hit a foul ball that broke a window on a car parked in the driveway. The owner wants me to pay to replace it. Am I responsible for this?
A: As far as the law is concerned, you have no liability unless you were not properly supervising your son. Under the law, a parent is not automatically responsible for the acts of a young child. The law imposes liability on you based on your negligence in supervising your child, not your relationship as a parent. For example, if you knew that they were playing baseball and that a ball could hit the car, you have an obligation to tell them to stop or change direction. On the other hand, if your child was being supervised by someone else, you have no liability for the acts of your child if there is an accident.
I also should point out that even your son may not be liable for the damage to the car. For your son to have any liability for the damage, he must have been acting negligently or carelessly. If he was simply doing what any youngster would do, he is not liable simply because the ball broke a window. Young children break things, and as far as the law is concerned, no one is usually responsible when something goes wrong.
Having said this, I should note that in my opinion the right thing to do is offer to pay some or all of the damage. The law may not impose liability on you or your son, but being a good neighbor means you should try to work things out.
Richard Alderman, a consumer advocate popularly known as “the People’s Lawyer,” is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, Texas 77204-6391. He also maintains a Web page at www.peopleslawyer.net.