Property manager owes us money, need help with small claims court filing

[zoelee]

Put a lien on every asset of his that you can. You may be third, fourth or fifth in line, but it might get you some money someday.

Thank you bcr229, how do you go about finding out his assets? The only way I had tried is to look at city property tax website. Any other channels?

 

[zoelee]

Ask your tenant to look at the backs of the rent checks that they gave to the property management company to see if there is a bank name, routing number, and account number on them. My bank makes images of these available online through their web portal. If you can get that information you can file a writ of garnishment with the court for the bank account. Hopefully the property manager hasn't closed it.

Thanks, I will look into that

 

[bcr229]

Thank you bcr229, how do you go about finding out his assets? The only way I had tried is to look at city property tax website. Any other channels?

Sorry, that wasn't me who made the recommendation. The city property tax web site is a good place to start, but I would also look at the surrounding counties to see if you can't find other property in his name as well.

Oh and don't forget that judgments do accrue interest. You can find the rates for Texas at https://occc.texas.gov/publications/interest-rates

 

[zoelee]

Put a lien on every asset of his that you can. You may be third, fourth or fifth in line, but it might get you some money someday.

I looked into tx law and confirmed that debtor's main dwelling is exempt from lien. So now I am left with his commercial property with already has a property tax debt.

Some items of property are exempt from liens or seizure under Title 5, Subtitle A, Chapters 41 and 42 of the Texas Property Code:

• The primary residence of a debtor, generally referred to as a homestead
• Cemetery plots purchased and intended for use by the family
• Up to $50,000 of personal property for an individual and up to $100,000 in personal items for a Texas family
• Funds in college savings plans
• Retirement plans and accounts

With most monetary items exempt, I am left with viechles, jewelry, stamp/coin collections.

This is ridiculous, how would I know if he has these things?

Am I left with his viechles only?

 

[bcr229]

You can garnish a bank checking or savings account, just not a retirement account like an IRA or 401k.

 

[zoelee]

Thank

Sorry, that wasn't me who made the recommendation. The city property tax web site is a good place to start, but I would also look at the surrounding counties to see if you can't find other property in his name as well.

Oh and don't forget that judgments do accrue interest. You can find the rates for Texas at https://occc.texas.gov/publications/interest-rates

Thank you!

 

[zoelee]

You can garnish a bank checking or savings account, just not a retirement account like an IRA or 401k.

I have a cashier's check my tenant sent to him, but I don't see routing number.

I also found the image of a check he deposited into my bank but bank accnt and routing number all suppressed.