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ixc007 · Feb 13, 2007, 03:51 PM

I have a small claims that went into a default judgement. A friend of mine was sueing me for $400.00... and at the end since I missed the court date I ended up owing him $1674.64.
Ok so there was a default judgement placed. I received a letter from the Sheriff regarding the Writ to Execute. So I gave the Sheriff a call and told him I didn't have the money. He asked a few questions and then he tells me... it looks like you have no assets I can take. So he said he will give my friend a call and let him know that I don't have any assets. I asked the Sheriff what happens next... he said at this point really nothing. He said he will send the file back to the court house and whatever other steps my friend wants to take then it's up to him.
My question is what happens at this point? I live in Texas and I do have a homestead exemption on my home. Can they put a lien on my home? Can my bank account be garnished.

Thanks for you help in advance.

landlord advocate · Feb 13, 2007, 06:58 PM

Since your friend knows about the writ of execution, he probably also knows how to garnish wages and how to file a judgment lien against your property. If you attempt to refinance your home or sell your property he will be paid the amount of the judgment plus interest. If you have a job that your friend knows about, he may decide on that route to get the money sooner.

excon · Feb 14, 2007, 06:57 AM

Hello ix:

He can certainly attach your bank account, but in Texas, your wages are safe from garnishment.

I certainly don't know why the sheriff didn't try to execute on your bank account... Yes, I do. Fortunately for you, cops are lazy! Maybe if he were offered a doughnut...

excon

ixc007 · Feb 14, 2007, 07:10 AM

Thanks guys... excon that was funny...
Ok here is my next question... how do they find out what bank I do business with? The cop did tell me about the lien on my home... that I understood. But the bank issue. I don't want that to happen because me and my husband both are on the account.

Thank you guys in advance... your a great help.

landlord advocate · Feb 14, 2007, 07:17 AM

It isn't very expensive to hit the bank accounts, so he will probably pick the ones closest to your home and do several. I know that's what we do. You said you have no assets, then mentioned a house you own and then a bank account. I consider those assets. Did you mention the bank account to the sheriff?

ixc007 · Feb 14, 2007, 07:20 AM

Yeah that Sheriff asked what banks accounts I own. So I gave him the name of 2 banks... which I made up... I wasn't going to give him the names of the banks I bank with. How can I find out if my bank will be garnished? Will they notify me? I have about 5 different accounts.

ScottGem · Feb 14, 2007, 07:56 AM

First the sheriiff is not a cop. Generally these type of sheriffs are appointed political positions that are used in cases like process serving, writ executions, evictions, etc.

Second, This judgement will hang over you for years. It will go on your credit report and, as long as your friend renews it, he can still collect when he finds some assets to attach.

As excon noted, Texas does not permit wage garnishments. Its also unlikely he can put a lien on your residence for unsecured debt. But there are several ways to find out where you bank. Especially if he's a "friend".

So if he doesn't collect now he may collect later.

ixc007 · Feb 14, 2007, 07:58 AM

Thanks Mr. Gem. I understand what you are saying. I also read that any body can renew a judgement every 10 years. I know that's a possibility. Yes he is a friend but he never knew where I banked. But I guess that doesn't make a difference.

excon · Feb 14, 2007, 08:10 AM

Hello again, ix:

They'll find your accounts... Keeping your money in there NOW, is like leaving it on the street and hoping nobody finds it.

excon

PS> Note to ScottGem: When you come from, where I come from, anybody with a badge is a "cop". Jailers are cops. Sheriffs are cops. Probation Officers are cops. Meter Maids are cops. Animal Control people are... Ok, maybe THEY'RE not cops.

ixc007 · Feb 14, 2007, 08:19 AM

Thanks excon... you think it's possible to make a settlement with this friend? If so how can I go about doing this?

excon · Feb 14, 2007, 08:30 AM

Hello again, ix:

Sure. Call him up and offer some money. He can accept it and stop further collection. Make sure he files a "satisfaction of judgment". The judgment itself, however, is going to stay on your credit report for 7 years.

In your negotiations, you don't have a lot of leverage, so don't offend him by offering a paltry sum. HE holds ALL the cards.

excon

ixc007 · Feb 14, 2007, 08:48 AM

You think it's a good idea to write him a letter offering to settle this...

ScottGem · Feb 14, 2007, 09:31 AM

Make him an offer. You said the original amount was $400, so offer him $800.

ixc007 · Feb 14, 2007, 09:38 AM

Originally Posted by ScottGem

Make him an offer. You said the original amount was $400, so offer him $800.

Yes Scott. I guess I can write a letter myself offering to settle for a certain amount. I hate to do it... but I rather do this and get it over with it... then let it keeping going.

Thank you all for your help... now my mind is at ease.

excon · Feb 14, 2007, 09:42 AM

Originally Posted by ixc007

You think it's a good idea to write him a letter offering to settle this...

Hello again, ix:

NO! I GET that you don't want to talk to him. But, that's what got you in trouble in the first place... A letter ain't going to cut it.

If I was him, and you sent me a letter, I'd make sure I collected every dime of my judgment. But, that's just me.

excon

ixc007 · Feb 14, 2007, 09:45 AM

Yeah I understand what you mean excon... but there is no way of getting a hold of him. I know his address... but he has no numbers listed... I guess his number is private.