Texas Asset subject to Judgment

[notw2014]

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

An original creditor was granted it's summary judgment for more than $5,000 against my wife yet she filed an agreed upon postponement motion and did not appear to the oral hearing. I called the clerk and they said the presiding judge did not see the motion to postpone.

Is it is worth paying the $100 for the transcript and filing a motion for reconsideration? she would like to try that as the order was granted 10 days ago.

I am being told on other boards, that the case is beyond repair, and that because we are pro se, unless the motion WOW's the judge it will get denied because no lawyer would mess something like that up.

Nevertheless, making the assets judgment proof is the intent as is evading the debt.

Will the judgment have a nexus to me the husband's bank accounts if my wife is not on them?

Also, I have LLC's, will collection have legal rights to seize those assets?

 

[Zigner]

Maybe she could pay her debt, as agreed. I know, it's a novel concept in modern-day America...but hey, I'm old-fashioned that way!

 

[single317dad]

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

An original creditor was granted it's summary judgment for more than $5,000 against my wife yet she filed an agreed upon postponement motion and did not appear to the oral hearing. I called the clerk and they said the presiding judge did not see the motion to postpone.

Is it is worth paying the $100 for the transcript and filing a motion for reconsideration? she would like to try that as the order was granted 10 days ago.

If she lost the case in summary, the judge agreed with the plaintiff that there were no worthwhile arguments to be made. That's why she didn't get a chance to argue.

Nevertheless, making the assets judgment proof is the intent as is evading the debt.

Well, at least you're honest.

 

[latigo]

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

An original creditor was granted it's summary judgment for more than $5,000 against my wife yet she filed an agreed upon postponement motion and did not appear to the oral hearing. I called the clerk and they said the presiding judge did not see the motion to postpone.

Is it is worth paying the $100 for the transcript and filing a motion for reconsideration? she would like to try that as the order was granted 10 days ago.

I am being told on other boards, that the case is beyond repair, and that because we are pro se, unless the motion WOW's the judge it will get denied because no lawyer would mess something like that up.

Nevertheless, making the assets judgment proof is the intent as is evading the debt.

Will the judgment have a nexus to me the husband's bank accounts if my wife is not on them?

Also, I have LLC's, will collection have legal rights to seize those assets?

Why the plural as in "we are pro se" when it appears that the judgment is solely against your wife?

Why the need of a "transcript" in order to file a motion to reconsider? A transcript of what? A hearing on the plaintiff's motion for summary judgment in which she did not appear?

You say it was "an agreed upon postponement motion". That seemingly implies that the plaintiff stipulated to her motion to postpone. And if so, she should have submitted a proposed order for the judge to sign. YET you say that it was the motion itself that the judge "overlooked" and nothing about a proposed order.

If the plaintiff didn't stipulate to continuing the hearing on its motion for summary judgment, why didn't your wife at least appear to argue her motion for postponement? Or did she fail to notice a hearing on her motion to postpone? Did she just assume that it would be heard in conjunction with the plaintiff's motion for summary judgment?

It seems to me that somebody has been giving somebody's wife some lousy "legal" advice.
__________

You ask what assets her judgment creditor(s) can each? I'll tell you.

Other than - (1) her or your unpaid wages; (2) assets specifically exempt by Texas law: and (3) assets that you own separately from the community estate - ANY asset in which she holds a property right. Either a separate property interest or her interest in community property.

Which would include bank credits in either name and earnings due and payable you as a member/investor from the LCCs. Unless, that is, that such can be traced to your sole and separate estate.

 

[Heir7]

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

In Texas they can not garnish wages for a civil debt. So, good thing you live in Texas.

An original creditor was granted it's summary judgment for more than $5,000 against my wife yet she filed an agreed upon postponement motion and did not appear to the oral hearing.

I called the clerk and they said the presiding judge did not see the motion to postpone.

How convenient!

Is it is worth paying the $100 for the transcript and filing a motion for reconsideration?

No, it would be a waste of time and money.


she would like to try that as the order was granted 10 days ago.

I am being told on other boards, that the case is beyond repair, and that because we are pro se, unless the motion WOW's the judge it will get denied because no lawyer would mess something like that up.

Sounds like they are right.

Nevertheless, making the assets judgment proof is the intent as is evading the debt.

Do you have other debts that you can't pay? Have you thought about bankruptcy?

Will the judgment have a nexus to me the husband's bank accounts if my wife is not on them?

Is Texas a community property state? If yes, then the answer is yes, and in that situation any money you leave in your checking account could be at risk.

Also, I have LLC's, will collection have legal rights to seize those assets?

LLC's do not offer as much protection as many people think.

You should probably go see a bankruptcy attorney. The first consultation is usually free and they can give you some more detailed information.