AI-assisted research summary: The supreme court must adopt rules for exemption claims against seizure of personal property, and courts must stay proceedings, set hearings, and accept the required form unless it has an incurable substantive defect.
Sec. 22.0042. RULES REGARDING EXEMPTIONS FROM SEIZURE OF PROPERTY; FORM. (a) The supreme court shall adopt rules that: (1) establish a simple and expedited procedure for a judgment debtor to assert an exemption to the seizure of personal property by a judgment creditor or a receiver appointed under Section 31.002, Civil Practice and Remedies Code; (2) require a court to stay a proceeding, for a reasonable period, to allow for the assertion of an exemption under Subdivision (1); and (3) require a court to promptly set a hearing and stay proceedings until a hearing is held, if a judgment debtor timely asserts an exemption under Subdivision (1). (b) Rules adopted under this section shall require the provision of a notice in plain language to a judgment debtor regarding the right of the judgment debtor to assert one or more exemptions under Subsection (a)(1). The notice must: (1) be in English with an integrated Spanish translation that can be readily understood by the public and the court; (2) include the form promulgated under Subsection (c); (3) list all exemptions under state and federal law to the seizure of personal property; and (4) provide information for accessing free or low-cost legal assistance. (c) Rules adopted under this section shall include the promulgation of a form in plain language for asserting an exemption under Subsection (a)(1). A form promulgated under this subsection must: (1) be in English with an integrated Spanish translation that can be readily understood by the public and the court; and (2) include instructions for the use of the form. (d) A court shall accept a form promulgated under Subsection (c) unless the form has been completed in a manner that causes a substantive defect that cannot be cured. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 15.01, eff. September 1, 2021.