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how do I collect the judgement

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C

cindyli

Guest
What is the name of your state? Texas

I won a judgement by default since the defendant didn't show up. The sheriff went to her work address to collect the judgement and was told that she no longer worked there. The court will not help finding her. What do I do now?

Thanks.
 


JETX

Senior Member
"I won a judgement by default since the defendant didn't show up. The sheriff went to her work address to collect the judgement and was told that she no longer worked there. The court will not help finding her. What do I do now?"
*** Actually, unless you did a 'Writ of Execution', the sheriff didn't go to collect.
And now the fun starts. You need to start doing some investigating to see where she has gone off to.

Oh, and some more exciting things about the 'debtor friendly' state of Texas:
- You can't garnish her wages.
- You can't seize her homestead.
- You have to do everything EXACTLY correct, or you can make yourself liable to her.

Email me if you want some help.
 
C

cindyli

Guest
I did file a "writ of execution" which cost me $65. I was told by the clerk that I can provide another address and pay another $65 to start over again. Also the judgement is valid for 10 years. I remembered at the court the judge said that interest can be added if the defendant did not pay 30 days after the judgement. Is this all true? I am thinking about doing a people search on the interenet to find her. Any thought?

Thanks.
 

JETX

Senior Member
"I did file a "writ of execution" which cost me $65. I was told by the clerk that I can provide another address and pay another $65 to start over again."
*** Correct.

"Also the judgement is valid for 10 years."
*** True and more. Actually a Texas judgment is good forever.... as long as it is 'refreshed' before it expires, it is then good for another 10 years.

"I remembered at the court the judge said that interest can be added if the defendant did not pay 30 days after the judgement."
*** No. Interest starts the date of the judgment.

"Is this all true?"
*** See above.

"I am thinking about doing a people search on the interenet to find her. Any thought?"
*** Some of the online searches are good, some are bad. Personally, I chase judgment debtors all the time and don't use ANY of the online services (I use private search services not available to the public).
 
C

cindyli

Guest
it sounds like you don't recommend the online search. but if the private search service is not availabe to public, what good does that do? does this mean to hire a private detective?
 
A

aratski

Guest
I don't mean to but in. If someone were to use a service like this, or used a service to find out info regarding a defendants assets, could the cost of such service be added to the judgment?

Also, exactly what type of info can be ascertained?
 

JETX

Senior Member
Normally, I don't respond to thread 'hi-jackers', but since yours is a general question....

"could the cost of such service be added to the judgment?"
*** Most courts will allow a judgment creditor to add REASONABLE costs incurred in enforcing a judgment. This is done by submitting a Memorandum of Costs to the court with a copy of the receipt for the costs. The court can then grant, or deny, the inclusion of the cost(s).

"exactly what type of info can be ascertained?"
*** That would depend exactly on what information a person was looking for and whether the request was permissable by law. Oh, and how much the person was willing to spend. For example, I have had local bank/employment locates for a about $150 up to offshore accounts for $750, up to full-blown stock bank locates for a more than a $1250.
 

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