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  • May 4, 2013, 07:13 PM
    canvaswriter
    Motion for contempt collin county Texas
    Received judgement of liability regarding neighbor encroaching 2500 sq ft of my property and judgement of damages. Judgement orders neighbor to remove concrete, shed, personal property within 30 days from Feb 2012. Neighbor then filed motion for new trial, it was denied. Now 30 days have passed and no appeal to that so I tried to have their car towed, got police involved, they said they can't do anything because it's private property, that I have to go back to court and tell judge he is not complying and ask for contempt of court and judge will involve constable who will involve sheriff. My question is this. Can I request a motion for contempt pro se, or do I have to pay even more legal fees and what exactly do I have to do to talk to judge.
  • May 4, 2013, 07:49 PM
    AK lawyer
    Quote:

    Originally Posted by canvaswriter
    My question is this. Can I request a motion for contempt pro se, or do I have to pay even more legal fees and what exactly do I have to do to talk to judge.

    No, you don't request a motion. You file a motion which is a request.

    And after you have file the motion, or at the same time, you request a hearing.

    Serve notice of the motion, and of the hearing, on the defendant, and you will get to talk to the judge.

    Make a mistake and it could get costly. That's why you pay you lawyer the big bucks.

    But before you do all of this, you need to get your attorney to withdraw. Judges usually don't allow litigants who are represented by counsel to do their own thing.
  • May 5, 2013, 12:08 AM
    canvaswriter
    Thank you for your swift answer. I'm sorry I worded that incorrectly, I am an extremely senior citizen and totally na´ve and without knowledge of the civil law. I live on a very small social security award, under 800 per month, and I had to save two years to pay the thousands and thousands I have already paid. I guess I just wasted that year's worth of benefits. I wish my attorney would have told me this about enforcing any judgments I would be working for before I began because basically I guess judgments really do mean nothing if you can't afford to continue going back to court over and over. I applied for legal aid but they decided they couldn't help because they are so understaffed with attorney's in the Dallas area that they can only help with things like wages and divorce and bankruptcy, civil matters are beyond their help. I guess it's time to give up my back yard and just let them take it. I've lost all faith in our judicial system. Help is out of reach to the common citizen and anarchy and bullying prevail if you can't afford someone to speak for you in court. Thanks anyway.
  • May 5, 2013, 07:11 AM
    ScottGem
    Ok, why were you trying to seize their car? What you should do is remove the items from your property and then file a lien against their property for the costs.

    You already have a judgment that says the items are illegally there. So you have that court order to back you up in removing them. If you can find out where they bank, you may be able to seize their bank accounts. You will still need to go to court for a writ of execution against the accounts.

    Not sure what the concrete is, but the shed can be taken down fairly easily and the personal property can just be left by the curb for sanitation pickup. Or you can use it yourself since its on your property. Same with the shed is you don't want to tear it down. Put a lock on it. If you see the neighbor on your property have him charged with trespassing. Take his picture and go to the police.

    Yes, suing is one thing, collecting is another. But there are things you can do here.
  • May 5, 2013, 04:02 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    Ok, why were you trying to seize their car? What you should do is remove the items from your property and then file a lien against their property for the costs. ...

    OP's initial post indicated that defendant is encroaching on OP's land, with "concrete, shed, personal property". The personal property would include the car.

    But yes, I would seriously consider self-help at this point: get the personal property and real property "improvements" removed.

    OP has a judgment. That, when recorded, probably would constitute a lien. But, as you know, a lien is not much use if the lienee doesn't intend to sell or encumber the property any time soon.

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