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Where to next? I'm at a loss.

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DocHoof

Junior Member
What is the name of your state (only U.S. law)? Texas
Here is the summary, although a bit long winded. Apr 30, 2015 semi tractor trailer was towed out of a shopping center. No signs were posted in accordance with state law. Filed a tow hearing, judgment in our favor stating probable cause did not exist to warrant a non-consent tow.
10 days later, Defense atty filed a motion for retrial with the JP court, which was not allowed by the court.
At the 14 day after the motion expired, defense filed a motion with County Court for appeal. Conveniently forgot to pay the appellate fees, got notice they were given ANOTHER 14 days to pay or the case would be dismissed. They paid on day 14.
Trial date set for Oct 15, but order for mediation was issued and the trial was postponed due to inadequate time to complete mediation before trial date, per defense atty.
Mediation was rescheduled, but defense atty did not respond. Mediation gave defense until Dec 15 to complete or will reject and send back to court. Defense did not respond and mediation order was sent back to court.
Order to show cause for non compliance with mediation order date set for Feb 15. Defendant and or atty not present. Judge opted to withhold judgment upon review.
Received a letter basically outlining how the court ordered mediation which was not complied with by defendant in the heading. Final sentence reads;
IT IS, THEREFORE, ORDERED THAT Plaintiffs Motions for Sanctions is GRANTED, and that all of defendants pleadings, including affirmative defense, are hereby stricken.

What's the next step in recovering my money? We are talking about ~$1,500.00.
 


OHRoadwarrior

Senior Member
If they refuse to pay, your recourse is to file a judgment lien on their business property, then move to sell it at auction if they still decline to pay the judgment. You can also engage the services of a commercial debt collection agency.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Texas
Here is the summary, although a bit long winded. Apr 30, 2015 semi tractor trailer was towed out of a shopping center. No signs were posted in accordance with state law. Filed a tow hearing, judgment in our favor stating probable cause did not exist to warrant a non-consent tow.
10 days later, Defense atty filed a motion for retrial with the JP court, which was not allowed by the court.
At the 14 day after the motion expired, defense filed a motion with County Court for appeal. Conveniently forgot to pay the appellate fees, got notice they were given ANOTHER 14 days to pay or the case would be dismissed. They paid on day 14.
Trial date set for Oct 15, but order for mediation was issued and the trial was postponed due to inadequate time to complete mediation before trial date, per defense atty.
Mediation was rescheduled, but defense atty did not respond. Mediation gave defense until Dec 15 to complete or will reject and send back to court. Defense did not respond and mediation order was sent back to court.
Order to show cause for non compliance with mediation order date set for Feb 15. Defendant and or atty not present. Judge opted to withhold judgment upon review.
Received a letter basically outlining how the court ordered mediation which was not complied with by defendant in the heading. Final sentence reads;
IT IS, THEREFORE, ORDERED THAT Plaintiffs Motions for Sanctions is GRANTED, and that all of defendants pleadings, including affirmative defense, are hereby stricken.

What's the next step in recovering my money? We are talking about ~$1,500.00.
Assuming that you have a final judgment you need to study and become familiar with the processes set forth in:

1. Rule 621A Texas Rules of Civil Procedure (post judgment discovery);

2. Rule 627 of the above (application for issuance of writ of execution);

3. Section 52.002 Texas Property Code Section 52.002 (indexing of abstract of judgment in counties wherein the judgment debtor owns land).

If you have been led to believe that you can impose a "judgment lien" on anything other than real property standing in the name of your judgment debtor, OR that YOU can "auction off" any of the judgment debtor's non exempt assets in satisfaction of the judgment, then forget it.

But doing so will not necessarily get you out of woods wherein you seem to be understandably lost. Exercising post judgment relief is not a simple undertaking.

The bright side is that you are dealing with an established business firm and not a judgment proof individual. Plus it appears that the debtor has exhausted all remedies to avoid the judgment.

Often in those circumstances a letter to the debtor informing them that if the judgment is not paid in full within a reasonable period of time, that they will be visited by the sheriff with a writ of execution in hand and begin loading up and hauling off business equipment, they come around.

Good luck
 
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