Ask Experts Questions for FREE Help !
Ask
    iheartcupcakes's Avatar
    iheartcupcakes Posts: 14, Reputation: 3
    New Member
     
    #1

    Sep 26, 2012, 08:36 AM
    How to Execute a Judgment in Texas
    I am not sure I can do a thing, but thought I would ask.

    I divorced my husband in Arkansas for adultery and he now resides in Texas. We lived near the state line. In the divorce, the judge ordered that he pay certain things, which of course, he did not. I then did the obvious thing, which was have my lawyer contact the judge for contempt of court and ended up with a judgment.

    Now what? My lawyer sent me a copy that was filed with the county that I live in, that the divorce was granted in, and that was it. I paid him $1000 for that piece of paper, and I simply do not have $200/hr to give him anymore. I wanted to attempt to go after it myself, but I am just not sure that's possible. I went to the county where he moved and had them record it, but the house he bought is owner-financed and the owner is in the process of evicting him. I was told he was trying to sell it because he could no longer afford it, but apparently that is not the case. I know he is moving to another county in Texas and I know I can record my judgment there with them as well, but then what? I want to enforce it, but don't see how. And secondly, I am probably wasting my time, since he is obvioulsy not prosperous right now.

    I am just fed up. I am financially struggling because of what he did, and want to hold him accountable. However, that seems impossible.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 26, 2012, 08:40 AM
    While TX doesn't permit wage garnishments for debt, I think it allows it for divorce judgments. If you can find where he banks, you can attach his account.

    You will need to go to the court where he lives and ask for a writ of execution for either.
    iheartcupcakes's Avatar
    iheartcupcakes Posts: 14, Reputation: 3
    New Member
     
    #3

    Sep 26, 2012, 09:01 AM
    Thank you, Scott. I will definitely try that and see if it's permissible. I certainly hope so.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Sep 26, 2012, 10:21 AM
    Quote Originally Posted by iheartcupcakes View Post
    Thank you, Scott. I will definitely try that and see if it's permissable. I certainly hope so.


    He charged you $1,000 and never went to Court, never prepared and submitted paperwork?

    Texas, of course, allows wages to be garnished only for unpaid child support and student loans.

    Liens are not that specific - what exactly is unpaid and reduced to Judgment? Support, something else?
    iheartcupcakes's Avatar
    iheartcupcakes Posts: 14, Reputation: 3
    New Member
     
    #5

    Sep 26, 2012, 11:53 AM
    Yes ma'am he did :/ My ex-husband did not answer the summons and so I was given a default judgment. He mailed me a recorded copy and that was the end of it. I was very upset about it.

    My judgment was granted because he was ordered to pay off my vehicle (that was in his name, but that my dad paid a significant down payment for). He did pay on it, for a year. When it was 3 payments (less than $1000) away from being paid off, at which point the title was ordered to be transferred to me, he called the lien holder, said he would not pay anymore and it was taken in the middle of the night. I asked for the entire value of the car, the contents, and lawyer's fees and got it. But it's not doing me much good now :/
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Sep 26, 2012, 12:54 PM
    Quote Originally Posted by iheartcupcakes View Post
    Yes ma'am he did :/ My ex-husband did not answer the summons and so I was given a default judgment. He mailed me a recorded copy and that was the end of it. I was very upset about it.

    My judgment was granted because he was ordered to pay off my vehicle (that was in his name, but that my dad paid a significant down payment for). He did pay on it, for a year. When it was 3 payments (less than $1000) away from being paid off, at which point the title was ordered to be transferred to me, he called the lien holder, said he would not pay anymore and it was taken in the middle of the night. I asked for the entire value of the car, the contents, and lawyer's fees and got it. But it's not doing me much good now :/


    I would ask for an itemized bill. I would think that the Attorney prepared supporting papers and the summons, got the paperwork served, went to Court and proved up the Judgment, reduced it to writing, had it signed and filed and communicated with you on occasion. See what the Attorney says.

    Does he work in Texas? If he doesn't being a Texas resident does not protect his salary from being garnished.
    iheartcupcakes's Avatar
    iheartcupcakes Posts: 14, Reputation: 3
    New Member
     
    #7

    Sep 26, 2012, 12:56 PM
    You're right, I need to do that. I have avoided it because I hate confrontation and this whole situation just makes me sick. But I know that avoidance only makes things worse, and I need to get something done, other than waste my money.

    He did work in Texas. I heard he lost his job though and I am not sure what else he has begun doing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #8

    Sep 26, 2012, 12:58 PM
    Quote Originally Posted by iheartcupcakes View Post
    You're right, I need to do that. I have avoided it because I hate confrontation and this whole situation just makes me sick. But I know that avoidance only makes things worse, and I need to get something done, other than waste my money.

    He did work in Texas. I heard he lost his job though and I am not sure what else he has begun doing.

    Well, and the Attorney will come with some explanation.

    Pray he's working in another State.
    iheartcupcakes's Avatar
    iheartcupcakes Posts: 14, Reputation: 3
    New Member
     
    #9

    Sep 26, 2012, 01:27 PM
    LOL, I will! That would be great.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to remove paid judgment in Texas [ 1 Answers ]

I have paid my judgment and got all legall papers from creditro lawyer saying I have paid in full and a release of judgement from my creditor. Can I remeove the judgment from my credit. Your advise will be appreciate. Thaks al lot.

Collection of a judgment in Texas [ 0 Answers ]

I won a judgment against my former landlord back in July. I hired an attorney who won't get paid until he collects the judgment. My problem is, can I fired him and then try to collect myself? He didn't put a lien on the landlords properties quick enough and he sold them and moved to Arizona BEFORE...

Texas Judgment [ 1 Answers ]

I have a judgment in Texas on my credit report. How long will it stay on the report. I have heard 7 years and 15 years. Please advise. Also, is there a good way that is not too expensive to have it removed ?


View more questions Search