• 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 live in PA, suing someone in TX

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

pa-mom

Junior Member
What is the name of your state? PA

Hi,
I live in PA and am suing someone in small claims court. I filed the papers in my hometown, and the defendant lives in TX. (The suit is for non-delivery of merchandise).

I suspect that they will not show up for the court date, and that I will receive the judgement. The woman that works at the court house has been very helpful and has cautioned me that it might be difficult to collect on the judgement.

I want to go into this as prepared as I can be, so is there anything I should do ahead of time (Such as trying to find out about all of his assets, etc)

Also, is it possible to execute a lien against someone who is out-of-state? Can I put a lien on his house, car, etc, and if so, is the process different than if we lived in the same state?

Thanks in advance for your advice. I'd be happy to provide further details if necessary.
 


badapple40

Senior Member
Yes, you can. First you would have to domesticate the judgment, which basically involves recording a copy of it in the court of record in texas, and then executing on it through the texas courts. Keep in mind that he might be able to attack this collaterally before the texas courts on grounds of jurisdiction. You say this was for the sale of merchandise, and that was all well and good, but that doesn't solve fundamental questions that your question raises.

There is a two part inquiry that must be met to establish personal jurisdiction over this guy: 1) Does your state long arm statute give your state court jurisdiction over this lawsuit; and 2) Did the defendant have sufficient minimum contacts with your state to satisfy the U.S. Constitution's requirement for due process.

I cannot answer these questions without significantly more details about the transaction, including how it was accomplished, how payment was made, how the order occurred, etc.
 

seniorjudge

Senior Member
pa-mom said:
What is the name of your state? PA

Hi,
I live in PA and am suing someone in small claims court. I filed the papers in my hometown, and the defendant lives in TX. (The suit is for non-delivery of merchandise).

I suspect that they will not show up for the court date, and that I will receive the judgement. The woman that works at the court house has been very helpful and has cautioned me that it might be difficult to collect on the judgement.

I want to go into this as prepared as I can be, so is there anything I should do ahead of time (Such as trying to find out about all of his assets, etc)

Also, is it possible to execute a lien against someone who is out-of-state? Can I put a lien on his house, car, etc, and if so, is the process different than if we lived in the same state?

Thanks in advance for your advice. I'd be happy to provide further details if necessary.


How much money are we talking about?
 

pa-mom

Junior Member
Thanks for the replies,
to answer some of the questions:

The amount is $7875. I originally found this company/person on the internet. I wired the money from my bank in PA, so I was told that I could file the claim in PA because the transaction originated here.

badapple: I'm not too sure what all of the legal terms mean:eek: , Are you saying that once the judgement is made (the court date is mid-march), that I would then record this in TX? How do I go about doing that?

I've been reading on the internet that 80% of judgements go unpaid. Is that true? How in the world do you go about receiving payment? I'm getting very discouraged :(
 

seniorjudge

Senior Member
pa-mom said:
Thanks for the replies,
to answer some of the questions:

The amount is $7875. I originally found this company/person on the internet. I wired the money from my bank in PA, so I was told that I could file the claim in PA because the transaction originated here.

badapple: I'm not too sure what all of the legal terms mean:eek: , Are you saying that once the judgement is made (the court date is mid-march), that I would then record this in TX? How do I go about doing that?

I've been reading on the internet that 80% of judgements go unpaid. Is that true? How in the world do you go about receiving payment? I'm getting very discouraged :(
Q: Are you saying that once the judgement is made (the court date is mid-march), that I would then record this in TX? How do I go about doing that?

A: One thing you could try is to go onto Amazon or some other large book seller and look for books on collecting judgments in Texas. (Also, Google that term.)



Q: I've been reading on the internet that 80% of judgements go unpaid. Is that true?

A: I am surprised that it is that low; I thought it was about 95% uncollected. The way to collect judgments is byzantine.
 

badapple40

Senior Member
pa-mom said:
Thanks for the replies,
to answer some of the questions:

The amount is $7875. I originally found this company/person on the internet. I wired the money from my bank in PA, so I was told that I could file the claim in PA because the transaction originated here.

badapple: I'm not too sure what all of the legal terms mean:eek: , Are you saying that once the judgement is made (the court date is mid-march), that I would then record this in TX? How do I go about doing that?

I've been reading on the internet that 80% of judgements go unpaid. Is that true? How in the world do you go about receiving payment? I'm getting very discouraged :(
What I mean to tell you is that if the court does not have personal jurisdiction over this defendant, then the judgment you would obtain is not worth the paper it is written on -- a texas court would not enforce it.
 

badapple40

Senior Member
pa-mom said:
The amount is $7875. I originally found this company/person on the internet. I wired the money from my bank in PA, so I was told that I could file the claim in PA because the transaction originated here.

badapple: I'm not too sure what all of the legal terms mean:eek: , Are you saying that once the judgement is made (the court date is mid-march), that I would then record this in TX? How do I go about doing that?

I've been reading on the internet that 80% of judgements go unpaid. Is that true? How in the world do you go about receiving payment? I'm getting very discouraged :(
Who told you that you could file in PA?

I'm not saying that you can't file in PA. I am saying that I do not think it is that cut and dry.

As for recording, you would typically take a certified copy of the judgment, and then obtain a certificate of judgment from a texas court under the full faith and credit clause. I don't know the specifics. If it were me, I'd call the court of general jurisdiction in texas where this guy lives/works.

Once you record the judgment, you then could file liens on his real estate for the amount of the judgment, or begin garnishment proceedings on his bank accounts. Since you paid him, chances are good that you know where he banks -- look at the endorsements on the check you sent him, or the destination of the transaction from any wire transfer. That makes it REALLY easy to collect -- assuming he has not emptied that account in the meantime. You may be able to simply have the pennsylvania court issue the garnishment order.

You could also get a texas court to garnish his wages.
 

Find the Right Lawyer for Your Legal Issue!

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