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Found 1 result

  1. So I won a default judgement from a JDB who made the mistake of reporting to my bureau, they failed to notate and continued collection activity after failing to validate, so I sued them in NM Small Claims, I won by default and the 30 day period they could have appealed has passed. Now I have to apply for a writ of execution, that apparently they still have 10 more days to file for a motion to be "exempt", I'll have to serve this summons... more fees sigh. I'm not disclosing the name of the JDB just yet, but I'm looking for resources to help me with the collection of this judgement... The JDB is in Texas. What I'm looking for is... what's the process is in Texas with a foreign writ. I spoke with the constable's office and they said they would execute the writ (but didn't know if they could execute a foreign writ) and "scare" em, and they will usually cough up a check but that they can't take any property that is "used for their daily business", so computer's and desks, etc. can't be grabbed unfortunately. As I understand it: I need to make this application for writ of execution in NM *Get the summons issued by the NM court *Serve the new summons on them *They'll have 10 days to respond with a "exempt" status and a hearing would be set or else the writ will be issued. *(Side note: I'm reading the application and it states I must choose one of three statements... [ ] I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days prior to filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.1 [ ] The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.2 [X] The judgment debtor is not a natural person. Since they are a corporation, I might not have to serve them the notice of rights From here I get fuzzy... Can I use the NM writ with the constable in Texas? or do I have to domesticate the writ? If I have to domesticate it, can I do that pro se or will I need an attorney in Texas, as I understand Small Claims in Texas TOTALLY changed last year. Then I need to find their new physical address for the constable as I think they've moved and their address and websites are in flux... And of course finding a bank account would be glorious! (does anyone know of a database out there with dirtbag collector asset info?) ANY help would be really awesome.
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