The person was ordered to pay me 1800 dollars doesn't want to pay

[Jane_]

What is the name of your state (only U.S. law)? Texas

So i as a plaintiff went to the small court, and the judge gave out the judgement saying the defendant needs to pay me $1800 dollars. She had 21 days to appeal. but now 30 days has passed, she claimed she has no money to pay me (I think that is a lie). So I am wondering what the best way i could do so that i could get my money back from her?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

So i as a plaintiff went to the small court, and the judge gave out the judgement saying the defendant needs to pay me $1800 dollars. She had 21 days to appeal. but now 30 days has passed, she claimed she has no money to pay me (I think that is a lie). So I am wondering what the best way i could do so that i could get my money back from her?

Good luck - you may find that your judgment isn't worth the paper it's printed on:

https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment

 

[latigo]

What is the name of your state (only U.S. law)? Texas

So i as a plaintiff went to the small court, and the judge gave out the judgement saying the defendant needs to pay me $1800 dollars. She had 21 days to appeal. but now 30 days has passed, she claimed she has no money to pay me (I think that is a lie). So I am wondering what the best way i could do so that i could get my money back from her?

The only thing you have gained over where you stood with the debtor before is that your claim against the debtor (whatever its nature) has now been reduced to a judgment against the debtor. (Final and indisputable as to the amount, if not timely appealed and reversed on appeal.)

But don't be confused in thinking that it constitutes a court order or mandate directing that the debtor pay you the judgment, or that the court can somehow compel the debtor to do so, or he is under threat of contempt of court, or that the court will assist you in collecting it. Collection is your sole responsibility.

If the debtor refuses to voluntarily cough up, and you have reason to believe that he is not judgment proof, not qualified for a Chapter 7, think that it is worth the hassle and time consuming inconvenience . . . .

Then you will need to find some non-exempt assets or property of the debtor upon which the sheriff can seize and levy execution on your judgment. (Noting the Texas does not permit you to garnish the debtor's wages or earnings from employment.)

How would you go about locating any such? By what is known as post-judgment discovery through the selected use of Interrogatories in Aid of Judgment, Requests for Production, Request for Admissions, Depositions/Subpoena duces tecum, Motions and Orders to Compel Response to Discover, etc., etc. And perhaps all for naught. Do you see what is meant by "hassle"?

 

[adjusterjack]

So I am wondering what the best way i could do so that i could get my money back from her?

As a former landlord I am a card carrying member of the uncollectible judgment club. Welcome to the club.

Texas doesn't allow wage garnishment for your judgment so you will have to find her bank accounts to levy them or, as has already been suggest, find non-exempt property that you can attach.

The thing about deadbeats, unfortunately, is that they own so little that it's all probably exempt from judgment.

How did you get into this situation in the first place? Did you loan money to a "friend" who couldn't qualify for credit?

 

[Ohiogal]

The only thing you have gained over where you stood with the debtor before is that your claim against the debtor (whatever its nature) has now been reduced to a judgment against the debtor. (Final and indisputable as to the amount, if not timely appealed and reversed on appeal.)

But don't be confused in thinking that it constitutes a court order or mandate directing that the debtor pay you the judgment, or that the court can somehow compel the debtor to do so, or he is under threat of contempt of court, or that the court will assist you in collecting it. Collection is your sole responsibility.

If the debtor refuses to voluntarily cough up, and you have reason to believe that he is not judgment proof, not qualified for a Chapter 7, think that it is worth the hassle and time consuming inconvenience . . . .

Then you will need to find some non-exempt assets or property of the debtor upon which the sheriff can seize and levy execution on your judgment. (Noting the Texas does not permit you to garnish the debtor's wages or earnings from employment.)

How would you go about locating any such? By what is known as post-judgment discovery through the selected use of Interrogatories in Aid of Judgment, Requests for Production, Request for Admissions, Depositions/Subpoena duces tecum, Motions and Orders to Compel Response to Discover, etc., etc. And perhaps all for naught. Do you see what is meant by "hassle"?

Care to quote statute or caselaw because quite frankly you have failed to do that on other threads. So let's start here where you think you have authority.

 

[adjusterjack]

Care to quote statute or caselaw because quite frankly you have failed to do that on other threads. So let's start here where you think you have authority.

What part of Latigo's post do you need an authority for?

Is it this:

Texas does not permit you to garnish the debtor's wages or earnings from employment.

See Section 63.004:

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.63.htm

It's also part of the Texas Constitution.

Or this:

By what is known as post-judgment discovery through the selected use of Interrogatories in Aid of Judgment, Requests for Production, Request for Admissions, Depositions/Subpoena duces tecum, Motions and Orders to Compel Response to Discover, etc., etc.

That may be a little over the top but Texas civil procedure allows for a judgment creditor to enlist the aid of the court in a variety of ways that might include any or all of those methods.

See Section 31.002:

http://law.justia.com/codes/texas/2015/civil-practice-and-remedies-code/title-2/subtitle-c/chapter-31/

 

[Jane_]

Good luck - you may find that your judgment isn't worth the paper it's printed on:

https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment

That is super disappointing, thank you for your response.

 

[Jane_]

The only thing you have gained over where you stood with the debtor before is that your claim against the debtor (whatever its nature) has now been reduced to a judgment against the debtor. (Final and indisputable as to the amount, if not timely appealed and reversed on appeal.)

But don't be confused in thinking that it constitutes a court order or mandate directing that the debtor pay you the judgment, or that the court can somehow compel the debtor to do so, or he is under threat of contempt of court, or that the court will assist you in collecting it. Collection is your sole responsibility.

If the debtor refuses to voluntarily cough up, and you have reason to believe that he is not judgment proof, not qualified for a Chapter 7, think that it is worth the hassle and time consuming inconvenience . . . .

Then you will need to find some non-exempt assets or property of the debtor upon which the sheriff can seize and levy execution on your judgment. (Noting the Texas does not permit you to garnish the debtor's wages or earnings from employment.)

How would you go about locating any such? By what is known as post-judgment discovery through the selected use of Interrogatories in Aid of Judgment, Requests for Production, Request for Admissions, Depositions/Subpoena duces tecum, Motions and Orders to Compel Response to Discover, etc., etc. And perhaps all for naught. Do you see what is meant by "hassle"?

Yeah, understood. that is so unfair. I can see she has a big 2 story house and a job, why does the law make it so hard for people to do the right thing(simply collecting the debt)? smh

 

[Jane_]

As a former landlord I am a card carrying member of the uncollectible judgment club. Welcome to the club.

Texas doesn't allow wage garnishment for your judgment so you will have to find her bank accounts to levy them or, as has already been suggest, find non-exempt property that you can attach.

The thing about deadbeats, unfortunately, is that they own so little that it's all probably exempt from judgment.

How did you get into this situation in the first place? Did you loan money to a "friend" who couldn't qualify for credit?

She hit my car rear and found out she didn't have car insurance that time, and she doesn't want to pay the repair costs. so i ended up going to small claim court. Because I have a 1000 deductible of my insurance. She acknowledged that incident was all because of her negligence. I simply want some justice, didn't know the law is more of protecting the the debtor.

 

[adjusterjack]

She hit my car rear and found out she didn't have car insurance that time, and she doesn't want to pay the repair costs. so i ended up going to small claim court. Because I have a 1000 deductible of my insurance. She acknowledged that incident was all because of her negligence. I simply want some justice, didn't know the law is more of protecting the the debtor.

1 - Poor decision on your part. You should have gotten your repairs done under your Collision and let your insurance company go after the other driver. The insurance company has a lot more resources for wringing money out of people and it wouldn't have cost you anything. Your deductible would have been refunding eventually when the insurance company collected.

Which brings me to:

2 - Why do you have a $1000 deductible when $500 and $250 are available for a little bit more money?

And:

3 - Did you report her uninsured accident to the police and DMV? She could lose her license if she doesn't pay.