JUDGEMENT! hahah, so excited, but overwhelmed now - TX

[rollaz]

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.

[breeze]

Congratulations! I don't have answers to your questions, but there are folks here who do.

[moosetracks]

Nice, always great when a JDB gets to pay up.

[futurehomeowner?]

following this. Sorry I can not help but I like reading these things.

[policebox]

They should have more cases like this on Judge Judy.

[cashnocredit]

Yep, now is the hard but fun part. Collecting from a deadbeat JDB. Best of luck. Couldn't happen to a nicer crowd.

[CG in TX]

AFAIK, how it works is that you have to domesticate the judgment in TX. The JDB will be served (most likely through their Registered Agent, you can find that information on the TX Secretary of State website) and the judge will then rule on the domestication. IIRC, about the only way it would not be granted is if the JDB can prove they were not served in the original case. Once it is domesticated, you will have to file a writ of execution in TX. Immediately prior to filing the writ, I would send them a check for $5.00 as payment on your account. When the check clears, you will then have their banking information; you can then file the writ directed at the bank, and seize the money from their account. Hopefully, your judgment allows for recovery of costs; make sure the writ is filed for the full amount to which you are entitled.

 

Good luck!

[rollaz]

AFAIK, how it works is that you have to domesticate the judgment in TX. The JDB will be served (most likely through their Registered Agent, you can find that information on the TX Secretary of State website) and the judge will then rule on the domestication. IIRC, about the only way it would not be granted is if the JDB can prove they were not served in the original case. Once it is domesticated, you will have to file a writ of execution in TX. Immediately prior to filing the writ, I would send them a check for $5.00 as payment on your account. When the check clears, you will then have their banking information; you can then file the writ directed at the bank, and seize the money from their account. Hopefully, your judgment allows for recovery of costs; make sure the writ is filed for the full amount to which you are entitled.

 

Good luck!

 

 

Wouldn't making a $5 payment on my account reset the expired SOL and they could sue me for the debt... I don't think I will be doing that....

 

Any other sneaky way I could get their banking information?? Perhaps, sending a larger check they would deposit, that has already had a stop payment issued on it??? IDK what the legal ramifications would be in stopping payment on a check might be.

[moosetracks]

 

AFAIK, how it works is that you have to domesticate the judgment in TX. The JDB will be served (most likely through their Registered Agent, you can find that information on the TX Secretary of State website) and the judge will then rule on the domestication. IIRC, about the only way it would not be granted is if the JDB can prove they were not served in the original case. Once it is domesticated, you will have to file a writ of execution in TX. Immediately prior to filing the writ, I would send them a check for $5.00 as payment on your account. When the check clears, you will then have their banking information; you can then file the writ directed at the bank, and seize the money from their account. Hopefully, your judgment allows for recovery of costs; make sure the writ is filed for the full amount to which you are entitled.

 

Good luck!

 

 

Wouldn't making a $5 payment on my account reset the expired SOL and they could sue me for the debt... I don't think I will be doing that....

 

Any other sneaky way I could get their banking information?? Perhaps, sending a larger check they would deposit, that has already had a stop payment issued on it??? IDK what the legal ramifications would be in stopping payment on a check might be.

 

 

Forget paying them anything. What you do once you have the judgment domesticated in TX is have the court order an 'examination' of the defendants assets, by law they must disclose the location and all assets they have to satisfy the judgment. They most likely will settle in full prior to the examination..

[cashnocredit]

^this

[rollaz]

So the NM court is saying that they still have 10 days to file an exemption after I apply for the WRIT, So AFTER I got my judgement AND waited the 30 days they could appeal, they still get 10 days to attempt to wiggle out of it.

 

On a side note, I found something interesting about TX Debt Collectors, they all must have a bond filed with the SOS in TX. or be in violation of Section 392.101 of the Texas Finance Code .

 

Here's the linky to look up a TX collectors bond information if you want to make a claim against a DC in Texas.

 

http://direct.sos.state.tx.us/debtcollectors/dcsearch.asp

 

Unfortunately this collector's bond is no longer in force, but I'm working with the claims department to see if I can get a claim in against the cancelled bond because my action against them was during the time of coverage.

 

I've also now filed a complaint with the AG in TX, so they get on that list.

Edited April 9, 2014 by rollaz

[rollaz]

More updates...

 

So I'm confused about the process, maybe someone can help out...

 

So I have this Judgement in NM, the constable in TX says they ONLY care about the WRIT, and it needs to be "domesticated" in TX, when I contacted the courthouse, they told me they didn't know ANYTHING about "domestication" but after talking with them further, they said I needed to apply for a "Foreign Judgement" with the court, and then they could issue a WRIT in TX that the constable would act on.

 

So my question is... do I need to apply for a WRIT in NM if I need to collect on assets in TX? Or do I just apply for the foreign judgement in TX. And lastly, do I lose anything if I make this application in TX.

 

FYI... Although I asked for interest in my complaint, I failed to ask for it in my motion for default judgement and therefore didn't get it... I could apply for an amendment to the default judgement, but if granted would start the whole process over again and they would have another 30days to appeal.... so word to the wise.... ASK for the interest AGAIN in your motions!! And also specifically ask for "Additional costs and fees associated with efforts to satisfy the judgement"

[rollaz]

Another Update:

 

So it looks like the WRIT in NM isn't necessary as I won't be collecting on any assets in NM, so in order to get a WRIT in TX that I can have the Sheriff/Constable act on, I need to "Domesticate" the judgment using the "Uniform Enforcement of Foreign Judgments Act".

 

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.35.htm

 

Seems straightforward, I need to file a new case in small claims, pay another filling fee... they have yet another chance to attempt to wiggle out, but I'm unsure if they have another appeal window or not as the appeal window in NM has expired.

 

As always, PLEASE comment if you have experience or feedback on my progress.

 

 

 

[rollaz]

 

 

AFAIK, how it works is that you have to domesticate the judgment in TX. The JDB will be served (most likely through their Registered Agent, you can find that information on the TX Secretary of State website) and the judge will then rule on the domestication. IIRC, about the only way it would not be granted is if the JDB can prove they were not served in the original case. Once it is domesticated, you will have to file a writ of execution in TX. Immediately prior to filing the writ, I would send them a check for $5.00 as payment on your account. When the check clears, you will then have their banking information; you can then file the writ directed at the bank, and seize the money from their account. Hopefully, your judgment allows for recovery of costs; make sure the writ is filed for the full amount to which you are entitled.

 

Good luck!

 

 

Wouldn't making a $5 payment on my account reset the expired SOL and they could sue me for the debt... I don't think I will be doing that....

 

Any other sneaky way I could get their banking information?? Perhaps, sending a larger check they would deposit, that has already had a stop payment issued on it??? IDK what the legal ramifications would be in stopping payment on a check might be.

 

 

Forget paying them anything. What you do once you have the judgment domesticated in TX is have the court order an 'examination' of the defendants assets, by law they must disclose the location and all assets they have to satisfy the judgment. They most likely will settle in full prior to the examination..

 

Do you know if I need to ask the court to order the "examination" of assets WITH my filing for the domestication? or is that done after the court moves in my favor and IN the same filing? or is that yet ANOTHER case to file after the judgment is domesticated?

Edited April 15, 2014 by rollaz

[rollaz]

Based on these two great articles, it appears I would need to have the judgment domesticated PRIOR to the "exam"

 

http://www.articletrader.com/legal/immigration/how-to-do-a-judgment-debtor-exam-in-texas.html

 

http://images.jw.com/com/publications/433.pdf

Edited April 15, 2014 by rollaz

[moosetracks]

Based on these two great articles, it appears I would need to have the judgment domesticated PRIOR to the "exam"

 

http://www.articletrader.com/legal/immigration/how-to-do-a-judgment-debtor-exam-in-texas.html

 

http://images.jw.com/com/publications/433.pdf

 

Yup, there is nothing to examine as you technically have no judgment in the other state till a court in that state says so.

[rollaz]

After reading the statute further, I keyed on the word "Authenticated" so I called the court in TX and asked them what they wanted... this is what they said I needed from the NM court:

 

1. A court stamped/wet signature copy of the judgment that states something to the effect of "the following is a full, true and correct copy of the original"

2. A transcript of the court proceedings

3. Case summary

4. Docket information

 

 

There is no wonder why 80% of all judgments are never collected on....

[breeze]

Well, I hope you at least break even. I think it's superlative that you are making a point of it with them - the parasites and slugs that they are.

[evapor8ted]

I can't wait to hear the end of this story. Nice work so far.