Wecome to LegalConsumer.com: Access to Justice for Texas Consumers
Welcome Houston, TX consumers! Congratulations on deciding to defend your rights under Texas law! Our seasoned lawyer editors have been translating legalese into plain English for over 35 years.
Here you'll find free tools, plain-English explanations of federal, state, and local laws and procedures, and the best local Texas resources on Probate & Inheritance Law, Bankruptcy, Unemployment Benefits, Wage & Hour Laws, Obamacare (ACA -Affordable Care Act),Child Custody Law, and Democracy & Voting Rights.
Free Texas Resources For Consumers
Texans enjoy several generous protections under state law, ranging from the unlimited protection of real estate in its homestead exemption, to its ample protection of personal property (up to $50,000!! far more than many states) in bankruptcy.
And, most Texans can take advantage of efficient small estate procedures, especially if they use and use probate-avoidance methods available in Texas.
Texas consumer law has several unique aspects that set it apart from other states, particularly in areas such as bankruptcy, child custody, inheritance law, wage and hour law, including wage garnishment, and debt collection procedures and laws. Here's an overview:
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Bankruptcy: Texas offers generous exemptions for those filing for bankruptcy. For instance, the Texas homestead exemption is particularly broad, allowing unlimited value in one's home, provided it doesn't exceed 10 acres in a city, town, or village, or 100 acres elsewhere (200 acres for families). This means that in bankruptcy, individuals can protect a significant amount of property from being liquidated to pay creditors.
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Child Custody: In Texas, there is a presumption for joint managing conservatorship, meaning both parents share duties and rights regarding the child. This differs from sole custody, where one parent has exclusive rights and duties. Texas law focuses on the best interest of the child, with factors including the child’s desires, the physical and emotional needs of the child, any danger to the child, and the stability of the home environment.
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Inheritance Law: Texas is a community property state, meaning that all property acquired during marriage is considered jointly owned by both spouses and is divided equally upon divorce. This can significantly impact inheritance, as spouses typically inherit all community property. Additionally, if a person dies without a will, Texas law has specific rules for how their property is distributed, which is different from many other states.
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Wage and Hour Law including Wage Garnishment: Texas has strict laws regarding wage garnishment. Creditors cannot garnish wages for consumer debt like credit cards, personal loans, or medical bills. However, there are exceptions for child support, student loans, federal taxes, and criminal restitution. The state also sets its own minimum wage and work hour regulations, which can be more stringent than federal law.
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Debt Collection Procedures and Laws: Texas law provides a number of protections to consumers against abusive or unfair debt collection practices. Debt collectors are prohibited from using fraudulent, coercive, or abusive tactics to collect debts. Texas also has a statute of limitations on debt, which limits the amount of time a creditor can pursue legal action to collect a debt.
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