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hopeful123104
Apr 22, 2008, 09:46 AM
I won a small claims judgement in Texas (Denton county's Justice of the Peace court) for money I paid to a contractor. I have filed an abstract of judgement. I think the next step is to file a writ of execution. But, because the defendant has no non-exempt assets, it is pointless to apply for a writ of execution. I feel that I have a better chance to get the money owed to me by filing a writ of garnishment or I think an attachment is what it is called in order to pull the money from their bank accounts.


1) In order to pull the money from the Defendant's bank accounts, is it called an attachment or a writ of garnishment?

2) Please provide the steps I need to take to file for an attachment or garnishment and how to. Based on my experience with the court, I feel I may have to educate them too in order to proceed.

I have asked the court to explain what I need to do but they do not know how to proceed.

Thank you!

George_1950
Apr 22, 2008, 10:09 AM
Welcome to AMHD. Here's some info: Garnishment Laws and Procedures listed by State (http://www.fair-debt-collection.com/state-garnishment-laws-5.html)

ScottGem
Apr 22, 2008, 10:09 AM
Small Claims court should be more informal. You WILL need to first find where the contractor banks and may need an specific account anumber. Then write a request to the court to attach any balance in the account up to amount of the judgement.