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  #1  
Old 03-02-2008, 05:57 PM
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Join Date: Mar 2008
Posts: 6

post judgment confusion/can anyone offer advice, Please??


What is the name of your state? Texas
I filed in small claims court against my old apartment building. Through comptroller, I found the name of the company who owns the apartmet buildings(property). I filed the suit as the company name (LLC) DBA name of apartment building. They went to court with an attorney, me alone. Judgment in my favor. I filed a abstract of judgment on the property and company listed on suit in Harris county, but here's one tricky part, the owners of this so called company resides in Pearland and the business address is in Pearland, so I was told that it would probably be better to file the writ of excuction in Brazria County, which I did. The constabe found the address is only a UPS mailbox, through researching this company and the people who are suppose to be the owners of it, I found the property that they own and the constable went there,demand made, and was told that property has nothing to do with the apartments and they needed to go there. Writ is in the process of being returned. I plan to file another writ of excuction in Harris county. Here's where the questions come in. I have found that these "owners" have many other properties, but under three or four different property company, although it is still the same person. I am not looking at the other properties, per say, as the owners themselves. How can I go after the owners who siged the papers and own the orignal poperty, or I can't do that? How can I find out their banking information. I have read that I am entitled by law to a credit report on a judgment debtor, but I can't figure out how to get one. I have been to the court house and gotten the papers from there, as well as comptroller and tax assessor, etc. Here's another thing I think I messed up on, I paid my rent, unfortunatly in cash, but my lease and mailbox drop states make cash and money orders should be paid to another name, and as it turns out, this name is another one of their names and it is the registered agent for the company name that I listed on the suit. Can this address be brought into it now? Can I attack the people who signed the papers to buy the property(owners themselves or no, because I did not list their names specifially)?? I am trying to do this on my own as I am a single mother of two and these people destroyed everything I owned and do not have the money to hire an attorney. Please any advice towards ways I can get these people to pay up what the judge order would be greatly appreicated. Or I am stuck to just sit it out and wait and hope that they one day will want to sell their property? Can a constable seize the rent money and/or other property like washer and dryers on pemises? lawn eqiupment used by maintaince, etc? I have found a deed of trust and assignments of rents, held by texax title company and new century mortgage corp, out of CA, but they can not be contacted, as the phone number is not working. Can I take them back in front of the judge an ask for them to disclose information so that I might attach a writ to the rents, or would this be a waste? Please again any advice would be helpful. I am stuck!! PS I thought to try and get a business report from experian to try and gain more information on the company, would this be helpful or a waste of money? Thank you in advance,
Zina

Last edited by zantm27; 03-02-2008 at 06:57 PM.
  #2  
Old 03-02-2008, 07:37 PM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,807
It's called asset protection. You need a lawyer or experienced professional to help you.

DC
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #3  
Old 03-18-2008, 01:02 AM
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Join Date: Mar 2008
Location: Texas
Posts: 654

Judgment Collection


Post-judgment collection is not easy. You can file "discovery", a process where you ask debtors about their assets and to explain corporate structures. Based on those answers, you may very well need to file additional lawsuits to "pierce" through corporate holdings. That's a process where people who hide behind different corporations loss the benefits of such seperate corporations.

Your best bet is to find a lawyer, who will probably do it on contingency - that is, take a percentage of what is actually recovered. The Houston Bar Association has a free legal advice line for Houston residents, and they can help you find a lawyer.
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