Highwayman
Well-Known Member
Which, of course, has no bearing on the OP's state.
Employer wont pay
- Thread Starter ncis
- Start date
Which, of course, has no bearing on the OP's state.
oceanbayrealty
New Member
Looks like Texas is similar to my state
Writ of Execution
Secondly, after abstracting the judgment, the judgment creditor can find non-exempt personal or real property in a specific county in Texas and request a writ of execution from the county clerk. The clerk of the county will then send a writ to the judgment creditor. This writ can be sent to a constable or sheriff in the county who will then physically go to the location of the property who will then levy and sell the property on the first Tuesday of the month along with the other foreclosure sales.
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Writ of Execution
Secondly, after abstracting the judgment, the judgment creditor can find non-exempt personal or real property in a specific county in Texas and request a writ of execution from the county clerk. The clerk of the county will then send a writ to the judgment creditor. This writ can be sent to a constable or sheriff in the county who will then physically go to the location of the property who will then levy and sell the property on the first Tuesday of the month along with the other foreclosure sales.
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cbg
Super Moderator
However, that still requires that there be a judgement. Which as of right now there isn't.
army judge
Super Moderator
So much easier said than done:
Your Homestead is Exempt from Execution in Texas
Many Texas debtors have numerous judgments against them but live in expensive homes.
They can do this because the entire homestead equity is exempt from execution.
What constitutes a debtor's homestead?
See Tex. Prop. Code § 41.002 (definition).
Within broad parameters, a homestead is what a person intends it to be.
A rental property or even a vacant lot can be homestead if the owner has reasonable expectations of building a home on it.
Moreover, Property Code section 41.001(c) states that "proceeds of a sale of a homestead are not subject to seizure for a creditor's claim for six months after the date of sale."
This expressly permits homestead protections to be rolled over from one home to the next.
Certain personal property is also exempt under chapter 42 of the Property Code. Personal property valued at $60,000 for a family or $30,000 for a single adult (exclusive of liens) is exempt from garnishment, attachment, execution or other seizure so long as it is on the statutory list.
This includes home furnishings, clothes, jewelry, firearms, and vehicles—even 12 head of cattle. Retirement plans (including rollover proceeds) are exempted under section 42.0021 so long as contributions do not exceed the amount that is deductible under current law. College tuition funds are exempted under section 42.0022.
It is important to note that homestead protections are available only to individuals, not LLCs or corporations
A Writ of Execution is an order of the court to any constable in the state of Texas ordering him to execute on any non-exempt assets. ... A judgment creditor has the right, as a matter of law, to have a writ of execution issued unless and until the defendant files a proper supersedeas bond.
A supersedeas bond in Texas covers the cost of a money judgment and court fees, in order to stay a judgment during an appeal process. Without using a surety bond, a defendant is required to immediately settle the judgment with the plaintiff.
Texas Supersedeas Bond
Okay. Y'all are pointing out a lot of ways for her to get out of paying. They all seem pretty slimy but legal ways for a $450K a year attorney to avoid paying a debt.
How do i intice her that it's in her best interest to pay? She's an admitted alchilholic drug user. She's told us many detail of a case that it was stupid for her to take that she hates her job hates hates her life. She just lost case is on news in papers of appeal and ethical issues have come up. All via text. That she verbally assisted her first renters my partner got for her to the point they feared for her safety. She apologized to us said she needs to go self medicate.i know it's slimmy but what she's doing is very slimmy also. And there's much more also. As someone who was a mental health professional for twenty one years it's pretty easy to see this woman is a ticking time bomb who takes cases she saying she shouldn't have then saying I hate my job and life.
How do i intice her that it's in her best interest to pay? She's an admitted alchilholic drug user. She's told us many detail of a case that it was stupid for her to take that she hates her job hates hates her life. She just lost case is on news in papers of appeal and ethical issues have come up. All via text. That she verbally assisted her first renters my partner got for her to the point they feared for her safety. She apologized to us said she needs to go self medicate.i know it's slimmy but what she's doing is very slimmy also. And there's much more also. As someone who was a mental health professional for twenty one years it's pretty easy to see this woman is a ticking time bomb who takes cases she saying she shouldn't have then saying I hate my job and life.
army judge
Super Moderator
No adult can ENTICE another adult UNLESS the target is stupid, uninformed, or an idiot.
There is no way an attorney can entice an attorney to do anything, especially if it involves giving up your rights.
By the way, even if you could entice a person to "give up" a right, the law doesn't allow that.
Why?
Because that defies one of the basic tenets of a civilized society, to allow clever people to prevail upon less clever people.
I am only telling you what the laws of Texas, which happens to be one of the 25 odd states where I am licensed to practice law, have to say about defending yourself from a judgment.
As a practical matter, Texas is a very debtor friendly state for reasons that date back to its founding as the ONLY Republic to ever become a state of this great nation.
In Texas this is NOT a statutory issue, it is fundamental issue flowing from our founding and our constitution.
Whether the debtor in question does nothing, or pays you is something no one posting on this board can pretend to know.
If she is a lawyer, I suspect she knows exactly what she can do.
In the future, you should endeavor to prevent this from happening to you, rather than focusing your energies upon pursuing a deadbeat, an idiot, a drunkard, or just a no good bamboozler.
