How do you collect an judgement for $11Kfrom an independent building contractor

[tele310]

What is the name of your state? TX

We have been awarded by the small claims court a $11K due to an unfinished job by a building contractor.
As far as I know he doesn't have much ion the sense of money.
In TX, can not put a lien neither on his house nor his cars (probably worth less than the $30K limit) as far as I can tell.
I don't believe he has much money in the bank, but just in case, I'd like to put a hold on those accounts in case something unexpected comes in. Yet I don't know which bank he uses. Good thing is, he is not much on-line savvy and we live in a small town with no more than 10 banks/credit unions.
Can I go to these banks with a judgement paper in my hand and inquire about his account existence ?
What is the proper way of doing this without involving lawyers?

 

[adjusterjack]

TX, can not put a lien neither on his house nor his cars (probably worth less than the $30K limit) as far as I can tell.

Wage garnishment is also prohibited in Texas. Texas is a debtor friendly state.

I don't believe he has much money in the bank, but just in case, I'd like to put a hold on those accounts in case something unexpected comes in.

That's not how bank account levy works.

You have to have the bank and the account information. Without it the court won't issue the levy.

One way to get that information is to have the debtor summoned for a debtor examination where he has to reveal his assets and their locations under oath.

But if, as I suspect, you got a default judgment when he didn't show up for court, he isn't likely to show up for the debtor examination.

Besides, contractors like that, go through money quickly and do everything on a cash basis so finding the money is always problematic.

Can I go to these banks with a judgement paper in my hand and inquire about his account existence ?

They will tell you nothing because of confidentiality rules between bank and customer. A judgment paper is NOT a court order. It is simply an acknowledgement that the defendant owes you X dollars.

What is the proper way of doing this without involving lawyers?

Lawyers in this case are a waste of money. The unfortunate reality of bad contractors is that you kiss the money goodbye.

we live in a small town

Then your best bet is to write him up on Yelp and any other review site that local people might read.

Did you make the mistake of paying the contractor any money up front?

 

[Zigner]

Was the contractor licensed? If so, then he probably had a bond. Look up his license/bond information and file a claim against the bond.

 

[quincy]

You will want to check your local or municipal licensing agency to see if your contractor is licensed and bonded. The city or county authorities will often require contractors to get a bond before issuing a permit (or license) to operate. Texas does not require general contractors to be state-licensed.

 

[zddoodah]

Was the contractor licensed? If so, then he probably had a bond. Look up his license/bond information and file a claim against the bond.

There is no statewide bond requirement for contractors in Texas. A couple dozen municipalities require it though. I'd link to a source, but this site is fussy about that, so I'll just say that the first result when you google "does texas require contractors to have a bond" is instructive.

As far as enforcing the judgment, while "adjusterjack" is correct that wages can't be garnished, payments to an independent contractor are not wages, so if you know someone who owes the contractor money for a job, that can be levied. The way to obtain information that may be useful in enforcing a judgment is to conduct a judgment debtor exam.

 

[quincy]

Some information on collecting on a judgment in Texas, where one potential path to explore is getting a Turnover-Order from the court (where property owned by the judgment-debtor is turned over to you and sold to satisfy the judgment:

https://lawlibrary.traviscountytx.gov/prepare/steps-tx-civil-litigation#enforce-judgment

https://guides.sll.texas.gov/small-claims/turnover-order

 

[Zigner]

There is no statewide bond requirement for contractors in Texas. A couple dozen municipalities require it though. I'd link to a source, but this site is fussy about that, so I'll just say that the first result when you google "does texas require contractors to have a bond" is instructive.

My post first asked if the contractor was licensed. If the contractor was licensed, then it's likely that he had a bond.

 

[quincy]

My post first asked if the contractor was licensed. If the contractor was licensed, then it's likely that he had a bond.

From what I have read, the bond and license go hand-in-hand in the cities/counties that require licensing.

 

[zddoodah]

If the contractor was licensed, then it's likely that he had a bond.

That's not correct. Since there is no statewide bonding requirement, having a license has no relevance to the existence of a bond, and most licensed contractors have no bond. The contractor's location and specific building trade is what will determine if there is (or may be) a bond.

 

[Zigner]

That's not correct. Since there is no statewide bonding requirement, having a license has no relevance to the existence of a bond, and most licensed contractors have no bond. The contractor's location and specific building trade is what will determine if there is (or may be) a bond.

Generally, a bond is required as part of the licensing requirements.
IOW, a bond is required before a license is issued.

 

[zddoodah]

Generally, a bond is required as part of the licensing requirements.
IOW, a bond is required before a license is issued.

Generally? Not in Texas. And, frankly, not in most states.

 

[Zigner]

I stand by my recommendation to the OP.

 

[quincy]

I stand by my recommendation to the OP.

I stand with you.

 

[LdiJ]

I stand with you.

I agree with both of you on this one.

 

[quincy]

Here is a link to Texas Civil Practice and Remedies Code §31.002, Turnover Orders:

https://casetext.com/statute/texas-codes/civil-practice-and-remedies-code/title-2-trial-judgment-and-appeal/subtitle-c-judgments/chapter-31-judgments/section-31002-collection-of-judgment-through-court-proceeding

You mentioned that the contractor has cars (plural). You might be able to have a car seized and sold - which probably won’t satisfy the entire judgment, but this would at least whittle down the amount owed on the judgment. And it might worry the contractor into paying the rest of what he owes, knowing you are serious about collecting.