• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I won my case! Now what?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

wizkid

Guest
What is the name of your state? Texas.
I won my small claims case today. I got a default judgement b/c the defendant no showed. Problem is, I still don't have the property I sued for, which is a diamond ring. The defendant is in CT. How do I go about getting my property back? Do I have ANY recourse?:eek:
 


BL

Senior Member
What exactly was the Judgment award ?
Was there a memorandum by the Judge on the order ?

Did the Judge tell you what your award was ?

Perhaps you should wait and see what is on the official Order,give the defendant a chance to receive a copy,and see if they satisfy the Judgment .
 

JETX

Senior Member
Sorry to give you bad news but, unless your judgment debtor has non-exempt assets in Texas, it is very likely that your Texas judgment is pretty much useless.

"I won my small claims case today. I got a default judgement b/c the defendant no showed."
*** Okay, that simply means you got a default judgment. And since the defendant isn't in your state, your judgment is probably useless.

"Problem is, I still don't have the property I sued for, which is a diamond ring."
*** I don't really understand your excitement. Texas small claims courts can't order the return of property. They here only cases of monetary claims. Clearly, you either misunderstood the court or haven't read the judgment.
Texas Gov Code:
"§ 28.003. Jurisdiction
(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000."

"The defendant is in CT."
*** Oh, oh!! Big problem. Your Texas judgment is useless in Connecticut and you will need to try to domesticate it there if you have any hope of trying to enforce it. And even more bad news, CT doesn't allow domestication of default judgments from other states.

"How do I go about getting my property back?"
*** Another problem. Connecticut small claims is a 'money only' court also. If you want to sue for recover of property, you have to use a higher court and that would likely require the services of an attorney.

"Do I have ANY recourse"
*** Probably not in Texas. Your only real recourse would be to file your lawsuit in HER home state (and where her assets are). If you get a judgment there, then you can use that states laws to attempt to enforce the judgment there.
 
W

wizkid

Guest
Default-Judgment

Here is the exact wording of the Judgment:
Default-Judgment

On the 24th day of Cotober 2003, the above entitled and numbered cause came to be heard by the Court.
Plaintiff appeared and announced ready for trial.
Defendant and her attorney failed to appear and wholly made default.

It is therefore, ordered, adjudged and decreed that Plaintiff do have and recover from Defendant, possession of th ring which is th subject of the law-suit, 10% interest from the date of judgment and all courts costs for all of which let execution issue.
 

JETX

Senior Member
Yep, very standard. And doesn't change anything in my post.
In essence, you have a Texas judgment against a party whose assets are NOT in Texas. As such, the Texas judgment itself does NOTHING outside Texas.

The only way that the Texas judgment could be made valid (needed to enforce it), would be to domesticate it into the debtors home state. And since CT doesn't allow domestication of default judgments from other states, your Texas judgment is worthless.... unless the debtor has non-exempt assets IN Texas.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top