How to Collect a Doctor Bill Part 7

Household goods and provisions are exempt. The list includes practically every article to be found in the average home. The liberality of the law may be judged from the fact that one hundred gallons of sorghum mola.s.ses and twenty pounds of coffee are listed. The list ends with: twenty bushels of peanuts, three strings of red peppers, two gourds, two punger gourds, a carpet in actual use by the family, not exceeding in value twenty-five dollars, and two hundred bushels of cotton seed.

If the head of the family is engaged in agriculture there is further exempt in his hands the following property: Two plows, two hoes, one grubbing hoe, one cutting knife, one harvest cradle, one set of plow gears, one pitch-fork, one rake, three iron wedges, five head of sheep, and ten head of stock hogs. There is exempt in the hands of each mechanic in the State who is engaged in the pursuit of his trade or occupation one set of mechanic's tools, such as are usual and necessary to the pursuit of his trade; and, if he is the head of a family, two hundred dollars' worth of lumber or material, or products of his labor; also one gun in the hands of every male citizen of the age of eighteen years and upward, and every female who is the head of a family; to the heads of families fifty pounds of picked cotton and twenty-five pounds of wool, and a sufficient quant.i.ty of upper and sole leather to provide winter shoes for the family; also, three hundred pounds of tobacco in the hands of the actual producer; also thirty-five dollars' worth of roughness, to consist of oats, fodder, and hay, or either of them.

A homestead or real estate in the possession of or belonging to each head of a family, and the improvements thereon, to the value in all of one thousand dollars, shall be exempt from sale under legal process during the life of such head of a family, and shall inure to the benefit of his widow and be exempt from sale in any way at the instance of any creditor or creditors during the minority of the children occupying the same and until the youngest child reaches the age of twenty-one years.

TEXAS.

The Const.i.tution of 1875 provides that a homestead of a family not in a town or city consisting of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon, or, if in a town or city, lot or lots, not exceeding in value five thousand dollars at the time of designation, without reference to the value of the improvements thereon is exempt, provided the same shall be used for the purpose of a home, or as place to exercise the calling or business of the head of the family.

There is also exempted to every family, free from forced sale for debts; all household and kitchen furniture; any lot or lots for sepulture in a cemetery; all instruments of husbandry; all tools and apparatus belonging to any trade or profession, and all books belonging to private or public libraries, and family portraits and pictures, five milk cows and calves, two yoke of work oxen, two horses and one wagon, one carriage or buggy, one gun, twenty hogs, twenty head of sheep, all provisions and forage on hand for home consumption, all bridles, saddles, and harness necessary for the use of the family; and to every citizen not a head of a family, one horse, bridle, and saddle; all wearing apparel, any lot or lots for sepulture in a cemetery; all tools, apparatus, and books belonging to his trade, profession, or private library. Current wages for personal services are not subject to garnishment.

UTAH.

The following property is exempt from execution, except on a judgment for the purchase price, or on a judgment of a foreclosure of a mortgage, or a mechanic's or laborer's lien thereon, or from sale for taxes, to wit: 1st. Chairs, tables, and desks of the value of two hundred dollars, and the library belonging to the judgment debtor, also musical instruments in actual use in the family. 2d. Necessary household, table, and kitchen furniture of the value of three hundred dollars, one sewing-machine, family hanging pictures, oil paintings and drawings, portraits and their necessary frames, provisions on hand for three months, two cows and their sucking calves, and two hogs and all sucking pigs, all wearing apparel, and beds and bedding, and all carpets in use. 3d. A farmer may hold farming implements to the value of three hundred dollars, two oxen, horses or mules, and their harness; a cart or wagon; seed, grain or vegetable, for planting or sowing within six months, not exceeding in value two hundred dollars and crops and the proceeds thereof not exceeding two hundred dollars. 4th. Necessary tools, tool chest, and implements of a mechanic or artisan, not exceeding in value five hundred dollars; the seal and records of a notary public; the instruments and chests of a surgeon, physician, surveyor, and dentist, with their libraries, and the law libraries and office furniture of attorneys and judges, and libraries of ministers, and typewriters of reporters and copyist, the type, presses, and material of a printer or publisher, not exceeding five hundred dollars.

5th. The cabin of a miner not exceeding five hundred dollars in value, also his tools and appliances, not exceeding in value five hundred dollars. 6th. Two oxen, or horses or mules and harness, and cart or wagon, or dray or truck, by which a cartman, drayman, huckster, teamster, or other laborer habitually earns his living; and one horse, harness, and vehicle of a physician, surgeon, or minister. 7th. One-half of the earnings of the judgment debtor for personal services rendered within thirty days preceding the levy if debtor is married or is head of a family residing in Utah and dependent upon such earnings for support.

If his earnings are two dollars per day or less, a married man or head of a family is ent.i.tled to an absolute exemption of thirty dollars per month. Costs cannot be taxed in any proceeding to obtain levy upon moneys of judgments debtor earned within thirty days next preceding levy. 8th. All moneys, benefits, privileges, or immunities accruing in any manner from a life insurance on a debtor's life, when the annual premiums do not exceed five hundred dollars. 9th. All arms, ammunition, uniforms, and accoutrements required by law to be kept. 10th. To a head of a family homestead, to be selected by the debtor. A homestead consisting of lands and appurtenances (which lands may be in one or more localities), not exceeding fifteen hundred dollars in value for the head of the family and five hundred dollars additional for his wife, and two hundred and fifty dollars for each other member of his family, shall be exempt from judgment lien and from execution or forced sale, for mechanics' or laborers' lien thereon, lawful mortgage thereon, or lien for purchase. The statute provides that the homestead exemption may be claimed by either the husband or the wife, and defines the terms "head of the family" and "members of the family." In case of sale the money received by the judgment debtor for value of his exemption is also exempt, and so, too, is insurance money when fire occurs (to the extent of the exemption).

VERMONT.

The law exempts a homestead from attachment or levy of execution to the amount of five hundred dollars; also (unless turned out to the officer by the debtor, to be taken on the attachment in execution) such suitable apparel, bedding, tools, arms, and articles of household furniture as may be necessary for upholding life, one sewing-machine kept for use, one cow, the best swine, or the meat of one swine, sheep not exceeding in number ten, and one year's product of said sheep in wool yarn, or cloth, forage sufficient for keeping not exceeding ten sheep and one cow through one winter, ten cords of firewood or five tons of coal, twenty bushels of potatoes, all growing crops, ten bushels of grain, one barrel of flour, three swarms of bees and hives, together with their produce in honey, two hundred pounds of sugar, and all lettered gravestones, the Bibles and other books used in a family, one pew or slip in a meeting-house or place of religious worship, live poultry not exceeding in value the sum of ten dollars, the professional books and instruments of physicians, and the professional books of clergymen and attorneys at law, to the value of two hundred dollars; and also one yoke of oxen or steers, as the debtor may select, two horses kept and used for team-work, and such as the debtor may select in lieu of oxen or steers, but not exceeding in value the sum of two hundred dollars, with sufficient forages for keeping the same through the winter; also the pistols, side arms, and equipments personally used by any soldier in the service of the United States and kept by him or his heirs as mementoes of his service, also one two-horse wagon with whiffle-trees and neck-yoke; or one ox-cart, as the debtor may choose; one sled or one set of traverse sleds, either for horses or oxen, as the debtor may select; two harnesses, two halters, two chains, one plow, and one ox-yoke, which with the oxen or steers or horses which the debtor may select for team work, shall not exceed in value two hundred and fifty dollars; also one tool chest kept for use by a mechanic.

A housekeeper or head of a family has a homestead exemption from attachment or execution in a dwelling-house and lands appurtenant, used or kept as a homestead, to the value of five hundred dollars.

VIRGINIA.

The exemption laws are very liberal. A householder residing in this State may hold exempt from levy or distress the family Bible, family pictures, school-books, and library for the use of the family, not exceeding in all one hundred dollars in value; a seat or pew in any house or place of public worship; a lot in a burial ground; all necessary wearing apparel of the debtor and his family; all beds, bedsteads and bedding necessary for the use of such family, and all stoves and appendages put up for the necessary use of the family, not exceeding three; one cow and her calf till one year old, one horse, six chairs, one table, six knives, six forks, six plates, one dozen spoons, two dishes, two basins, one pot, one oven, six pieces of wooden or earthen ware, one loom and its appurtenances, one safe or press, one spinning-wheel, one pair of cards, one axe, two hoes, ten barrels of corn, or in lieu thereof twenty-five bushels of rye or buckwheat, five bushels of wheat or one barrel of flour, two hundred pounds of bacon or pork, three hogs, ten dollars in value of forage or hay, one cooking-stove and utensils for cooking therewith, and one sewing-machine; and, in the case of a mechanic, the tools and utensils of his trade, not exceeding one hundred dollars in value; and in case of an oysterman or fisherman, his boat and tackle, not exceeding two hundred dollars in value, the same shall be sold, and out of the proceeds the oysterman or fisherman shall first receive two hundred dollars in lieu of such boat and tackle; and if the householder is at the time actually engaged in the business of agriculture, there shall also be exempt from such levy or distress, while he is so engaged, to be selected by him or his agent, the following articles, or so many there he may have, to wit: one yoke of oxen, or a pair of horses or mules in lieu thereof (unless he selects or has selected a horse or mule under the preceding section, in which case he shall be ent.i.tled to select under this section only one), with the necessary gearings, one wagon or cart, two plows, one drag, one harvest cradle, one pitchfork, one rake, and two iron wedges; wages, owing to a laboring man being a householder, not exceeding fifty dollars per month, shall also be exempt from distress, levy, or garnishment. These embrace what is known as the Poor Debtor's Exemption. (=Code, ch. 178.=)

The Homestead Exemption is as follows: Every householder residing in this State shall, in addition to the property or estate to hold exempt from levy, distress, or garnishment, under ch. 178, be ent.i.tled to exempt from levy, seizure, garnishment, or sale under any execution, order, or process issued on any demand for any debt or liability on contract, his real and personal estate, or either, to be selected by him, including money and debts due him, to the value of not exceeding two thousand dollars.

WEST VIRGINIA.

Any husband or parent residing in this State, or the widow or infant children of deceased parents, may set apart his personal estate, not exceeding two hundred dollars in value, to be exempt from execution or other process. He or they may also hold a homestead of the value of one thousand dollars (provided the homestead is recorded among the public land records of the county wherein it is situate, before the debt against which it is claimed is contracted), as against debts created since. Any resident mechanic, artisan, or laborer, whether a husband or parent or not, may hold the working tools of his trade or occupation to the value of fifty dollars exempt, provided that in no case shall the exemption allowed any one person exceed two hundred dollars.

WASHINGTON.

All real and personal estate belonging to a married woman at the time of her marriage, and all she subsequently acquires or becomes ent.i.tled to in her own right, and all her personal earnings, and rents and profits of such real estate, shall not be liable for her husband's debts so long as she or any minor heir of her body is living, but her separate property is liable for debts owing by her at the time of her marriage.

To a householder, being the head of a family, a homestead of the value of two thousand dollars while occupied by such family, wearing apparel, private libraries (not to exceed five hundred dollars in value), family pictures, and keepsakes. To each householder one bed and bedding and one additional bed and bedding for each additional member of the family, and other household goods of the coin value of five hundred dollars.

Provisions and fuel for family for six months. Two cows with their calves, five swine, two stands of bees, thirty-six domestic fowls and feed for six months. To a farmer one span of horses and harness, or two yokes of oxen, and one wagon, with farming utensils not exceeding five hundred dollars in coin value, one hundred and fifty bushels of wheat, one hundred and fifty bushels of oats or barley, fifty bushels of potatoes, ten bushels of corn, and ten bushels of peas, and ten bushels of corn, ten bushels of peas and ten bushels of onions for seeding purposes. To a mechanic, the tools used to carry on his trade for the support of himself and family, also material of the value of five hundred dollars. To a physician, his library, not exceeding five hundred dollars in value, horse and carriage, instruments and medicines not exceeding two hundred dollars in coin. To attorneys and clergymen, their libraries, not exceeding in value of one thousand dollars, also office furniture, stationery and fuel not exceeding in value two hundred dollars. All firearms kept for use and a canoe, skiff, or small boat, not exceeding in value two hundred and fifty dollars. To a person engaged in lightering, one or more lighters or scows and a small boat, not exceeding the aggregate value of two hundred and fifty dollars. To a drayman, his team. To a person engaged in logging, three yokes of work oxen, and implements of the value of three hundred dollars. Proceeds or avails of all life and accident insurance shall be exempt from all liability for any debt. To any person whose exempt property is insured, and destroyed by fire, the insurance money coming to or belonging to the person thus insured to an amount equal to the exempt property thus destroyed. Burial lot exempt. Pension money exempt, but exemption may be waived.

WISCONSIN.

The following personal property is exempt from seizure or sale on any execution and from attachment or garnishment: 1st. The family Bible. 2d.

Family pictures and school-books. 3d. The library of the debtor. 4th.

The seat or pew in any place of public worship. 5th. All wearing apparel of the debtor and his family; all stoves and appendages kept for the use of the debtor and his family; all cooking utensils and all other household furniture not exceeding two hundred dollars in value, and one gun, rifle, or other firearm not exceeding fifty dollars in value. 6th.

Two cows, ten swine, one yoke of oxen, and one horse or mule, or, in lieu of one yoke of oxen and horse or mule, two horses or two mules, ten sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for one year's support for all such stock, also one wagon, cart, or dray, one sleigh, one plow, one drag, and other farming utensils, including a tackle for teams, not exceeding two hundred dollars in value. 7th. The provisions for the debtor and his family necessary for one year's support, and fuel necessary for one year. 8th. The tools, implements, and stock in trade of any mechanic, miner, merchant, trader, or other person, used or kept for the purpose of carrying on his trade or business, not exceeding two hundred dollars in value. 9th. All sewing-machines owned by individuals and kept for the use of themselves or family. 10th. Any sword, plate, books, or other article presented or given to any person by congress, legislature of any of the United States, or by either body of congress or of such legislature, whether presented by vote or raised by subscription of the members of either of the aforesaid bodies, 11th.

Printing material and press or presses used in the business of any printer or publisher, to an amount not exceeding fifteen hundred dollars in value, provided no sum exceeding four hundred dollars shall be exempt from payment of employees. 12th. Horses, arms, equipment, and uniforms of all officers, non-commissioned officers, and privates used for military purposes in the organized militia of the State. 13th. All books, maps, plates, and other papers kept or used by any person for the purpose of making abstracts of t.i.tle to land. 14th. The interests owned by any inventor in any invention secured to him by letters patent of the United States. 15th. The earnings of all married persons and other persons having a family dependant upon them for support, for three months next preceding the issue of an attachment, execution, or garnishment, to the amount of sixty dollars only for each month. Such exemption shall not exceed one hundred and eighty dollars in all for the three months. 16th. All fire-engines, apparatus, and equipments, used or to be used for the protection of property from fire. 17th. All moneys arising from insurance of any exempt property when such property has been destroyed by fire. 19th. All money arising on any policy of insurance on the life of a minor, payable to his father or mother, or both, shall be exempt against the creditors of such father or mother, but not against the creditors of such minor. Certain other life insurance moneys are also exempt. 20th. All cemetery lots owned by individuals and all monuments therein, the coffins and other articles for the burial of any dead person, and the tombstone or monuments for his grave, by whomsoever purchased. 21st. Pensions paid policemen, firemen, their widows or minor children. 22d. Shares of the value of one thousand dollars at time of withdrawal in a local building and loan a.s.sociation held by one not owning a homestead which is exempt. A homestead to be selected by the owner, consisting, when not included in any city or village, of any quant.i.ty of land not exceeding forty acres, used for agricultural purposes, and when included in any city or village, of any quant.i.ty of land not exceeding one-fourth of an acre and the dwelling-house thereon and its appurtenances owned and occupied by any resident of the State, not exceeding five thousand dollars in value, is exempt. Proceeds of homestead not exceeding five thousand dollars are exempt for two years. Husband cannot a.s.sign exempt wages except by a written instrument signed by wife with two witnesses, nor for a longer period than two months in advance.

WYOMING.

Every householder being the head of a family, and every resident who has attained the age of sixty years, is ent.i.tled to a homestead not exceeding in value fifteen hundred dollars, exempt from execution or attachment for any debt, contract, or civil obligation, while such homestead is actually occupied as such by the owner thereof, or his or her family. The homestead may consist of a house and lot or lots in any town or city, or a farm of not more than one hundred and sixty acres.

Besides the homestead above mentioned, the wearing apparel of every person is exempt from judicial or ministerial process; also the following property when owned by any person being the head of a family and residing with the same, to wit: the family Bible, pictures, and school-books; a lot in any cemetery or burial ground; furniture, bedding, provisions, and such other articles as the debtor may select, not to exceed in all the value of five hundred dollars, to be ascertained by the appraisment of three disinterested householders; provided that no personal property of any person about to remove or abscond from the State shall be exempt. The tools, teams, and implements, or stock in trade of a mechanic, miner, or other person, and used and kept for the purpose of carrying on his trade or business, is exempt to a value not exceeding three hundred dollars; also the library, instruments or implements of any professional man, not to exceed in value three hundred dollars.

BRITISH COLUMBIA.

Personal property to be selected by the debtor to the value of five hundred dollars is exempt from execution. Under the Homestead Act lands to the value of twenty-five hundred dollars may be registered as a homestead, and are then exempt from seizure or sale.

MANITOBA.

1st. Bedding and furniture not exceeding five hundred dollars. (This exemption does not apply, where claim, for which distress warrant has issued, is for wages.) 2d. Necessary clothing for judgment debtor and his family. 3d. Twelve volumes of books and the books of a professional man, one axe, one saw, one gun, six traps. 4th. Food for judgment debtor and family for eleven months if in possession. 5th. Three horses, mules, or oxen, six cows, ten sheep, ten pigs, fifty fowl, and food for the same during eleven months, provided that the exemption as to horses over four years of age shall apply only in case they are used by the judgment debtor in earning his living. 6th. Tools and implements up to five hundred dollars. 7th. Farm lands up to one hundred and sixty acres actually resided upon, cultivated by the judgment debtor, or used for grazing or other purposes, and the houses, stables, barns on the farm lands resided upon by judgment debtor. 8th. The actual residence or house of any person other than a farmer, provided the same does not exceed in value fifteen hundred dollars. 9th. All the necessary seeds of various varieties or roots for proper seeding and cultivation of eighty acres. 10th. Insurance on exemptions also exempt. There are no exemptions in cases of judgments for board and lodgings. No article is exempt when judgment was for purchase price of article seized.

NOVA SCOTIA.

The necessary wearing apparel and bedding and bedsteads of the debtor and his family, and the tools and instruments of his trade or calling to the value of thirty dollars, one stove, and his last cow, cooking utensils, six each of knives, forks, plates, cups, saucers, spoons, chairs, one shovel, one table, teapot, jug, spinning-wheel, weaving loom, ten religious volumes, food and fuel for thirty days, two sheep, one hog, and food for same and cow for thirty days shall be exempt from execution.

NEW BRUNSWICK.

Wearing apparel, bedding, kitchen utensils, and tools of trade or calling to the value of one hundred dollars.

ONTARIO.

The following chattels are exempt from seizure under any writ of execution whatever, and after the death of the debtor are exempt from the claims of his creditors: Furniture, bedding, and wearing apparel not exceeding in value one hundred and fifty dollars; fuel and provisions not exceeding in value forty dollars; animals not exceeding in value seventy-five dollars, and food therefor for thirty days; tools to the value of one hundred dollars; one dog and fifteen hives of bees. Free grants and homesteads to actual settlers in the districts of Algoma and Nip.i.s.sing, and of certain lands between the River Ottawa and the Georgian Bay, are also free from creditor's claims.

QUEBEC.

The debtor may select and withdraw from seizure: 1st. The bed, bedding and bedsteads in use by him and his family. 2d. The ordinary and necessary wearing apparel of himself and his family. 3d. Two stoves and their pipes, one pot-hook and its accessories, one pair of andirons, one pair of tongs, and one shovel 4th. All the cooking utensils, knives, forks, spoons, and crockery in use by the family, two tables, two cupboards or dressers, one lamp one mirror, one washing stand with its toilet accessories, two trunks or valises, the carpets or matting covering the floors, one clock, one sofa, and twelve chairs, provided that the total value of such effects does not exceed the sum of fifty dollars. 5th. All spinning-wheels and weaving looms intended for domestic use, one axe, one saw, one gun, six traps, such fishing-nets, lines, and seines as are in common use, one tub, one washing machine one wringer, one sewing-machine, two pails, three flat-irons, one blacking-brush, one scrubbing-brush, one broom. 6th. Fifty volumes of books, and all drawings and paintings executed by the debtor or the members of his family, for their use. 7th. Fuel and food sufficient for the debtor and his family for three months. 8th. One span of plow-horses or a yoke of oxen; one horse, one summer vehicle and one winter vehicle, and harness used by a carter or driver for earning his livelihood; one cow, two pigs, four sheep, the wool from such sheep, the cloth manufactured from such wool, and the hay and other fodder intended for the feeding of said animals; and, moreover, the following agricultural tools and implements; one plow, one harrow, one working sleigh, one tumbril, one hay-cart with its wheels, and all harness necessary and intended for farming purposes. 9th. Books relating to the profession, art, or trade of the debtor, to the value of two hundred dollars. 10th.

Tools and implements or other chattles ordinarily used in his profession, art, or trade to the value of two hundred dollars, 11th.

Bees to the extent of fifteen hives.

The following are exempt from seizure: Consecrated vessels and things used for religious worship; family portraits; immovables by a donor or testator, or by law, to be exempt from seizure, and sums of money or objects given or bequeathed upon the condition of their being exempt from seizure; old age annuities created by the act of Parliament of Canada, alimentary allowances granted by a court, and sums of money or pensions given as alimony, even though the donor or testator has not expressly declared them to be exempt from seizure (they may, however, be seized for alimentary debts); pensions granted by financial and other inst.i.tutions to their employees; pay and pensions of persons belonging to the army or to the navy; the salaries of some public officers and professors, tutors, school teachers, and public officers; salaries of some public officers and employees of the Province, and salaries of city and town clerks, and of other munic.i.p.al officers and employees and of city and town a.s.sessors in incorporated cities or towns, are seizable for one-fifth of every monthly salary not exceeding one thousand dollars per annum; one-fourth of every monthly salary exceeding one thousand dollars, but not exceeding two thousand dollars per annum, and one-third of every monthly salary exceeding two thousand dollars per annum.

Four-fifths of the salary, remuneration, or earnings of members of the Corporation of Pilots for and below the harbor of Quebec for the pilotage of vessels are exempt from seizure. All other salaries and wages are exempt from seizure for four-fifths when they do not exceed three dollars per day; three-quarters when they exceed three dollars but do not exceed six dollars per day; and two-thirds when they exceed six dollars per day. There are also special exemptions in favor of settlers and fishermen.