Small Claims Court

[KlassyKelliAnn]

Originally Posted by PillowChaffer

Just a Q:

If you win a judgement and they don't pay, can you take additional action to garnish wages or turn the ruling over to the IRS to get tax refund money confiscated to settle the debt? I know that may be messy but I know it happens.

I'm not sure if Texas allows wage garnishment now with the 2011 changes but back when I was in SCC, they did not...my last one was in 2009. This was one I never received payment from.

My prior ones were in the very late 90's and in a different state and I was able to file for Judgment Debtor Appearance and do the following which helped finally get payment from one person: Writ of Garnishment and Writ of Continuing Garnishment and some other paperwork I cannot recall off hand as I am not an attorney in the know of the lingo and being that this was some time ago now.

I would always consult with a good attorney just to see what direction is is best way to go. Otherwise, there are many website I'm sure, where you can read how it works just be sure you read whatever it is you need for the state you're in or trying to file the claim for as each state has different rules, at least it did when I was going through it.

Hope this helps.

[a10bomb]

Looks like the "Marshal of ECCIE" is looking more and more like Barney Fife:

[DocHolyday]

Originally Posted by PillowChaffer

Just a Q:

If you win a judgement and they don't pay, can you take additional action to garnish wages or turn the ruling over to the IRS to get tax refund money confiscated to settle the debt? I know that may be messy but I know it happens.

PC, if you want the correct answer, PM me. The answer is not black and white as with most legal questions.

[Guest070517]

If they don't pay you can get a lien against them & that is filed at the county office. BUT if a creditor does not check in THAT country it usually does not show up... collecting is usually a different story-- if they have bad credit they won't pay!! Been there done that!!! IRS & garnishment usually can't be done !

[hittinit]

I did find this...

https://www.legalzoom.com/articles/c...laims-judgment

...and thanks everyone for the input.

[Guest061918]

Here is the actually law.

Small claims are cases filed in the justice court system in Texas in which litigants often resolve legal disputes on their own without having to hire a lawyer. Small claims are more informal than district or county courts and do not require the same extensive knowledge of the law or court rules and procedures. The limit to the amount that a person can sue for in justice court is $10,000 in Texas.
Before filing a lawsuit in justice court, attempt to resolve your problems with the other party. It is always better to come to a solution that both parties can agree to than to have to file suit. Should you decide to file a lawsuit in justice court, information on how to do so can be found on this page.
Prior to August 31, 2013, the Texas court system consisted of both “small claims courts” and “justice courts” which both had jurisdiction over civil claims of less than $10,000. On July 19, 2011, the state legislature passed a bill which abolished the small claims court and added language that small claims are now to be heard in justice court. Many resources that discuss strategies for presenting a case in small claims court will still be relevant to cases in justice court; however, statutory references may be out of date in anything published prior to 2013.

Yo Huckleberry it sure comes across that your ass has an ax to grind. Go get some of that john wayne toilet paper and cheer up dude. Better days are ahead.

[Precious_b]

NM2T, I was wondering about the lien aspect. I always figured if someone got a ruling in their favour in SC that it would help if they could get a lien against the other party.

ABQ, it really surprises me how the disposition of one that tries to come across as a gent like Dr. Jekyll shows their Mr Hyde disposition.

It's just a John-n-Hooker board. Any advice dispensed should be given relative weight as to the place said advice given.

[Guest061918]

#Truth

On a side not I stayed on point in thread. That 12 step program is starting to work. The ole ABQ should get a +1 point just for staying on topic. Cause mi staying on topic is about as easy at smiling at some big ole racks. Oh wait nix that. That made no damn sense.

ABQ, it really surprises me how the disposition of one that tries to come across as a gent like Dr. Jekyll shows their Mr Hyde disposition.

It's just a John-n-Hooker board. Any advice dispensed should be given relative weight as to the place said advice given.[/QUOTE]

[ck1942]

OP - many area attorneys will be glad to give you a no-cost 10-15 consultation in claims, both small and large. Bexar County Bar Association www.sanantoniobar.org used to have (may still have) a Saturday "call the lawyer" phone bank project; if not, try the same in Harris County (Houston) or Tarrant County (Dallas).

Make sure you have as much paperwork as you can muster to help them guide you. I have known several area attorneys who fill for a relatively small fee (300-500) even take a JP court case depending on the quality of the documentation -- and also depending on if the plaintiff knows where the bank account(s) might be.

State lines are not a bar to judgments across state lines but different state laws will apply if the enforcement is out of state..

How to start the small claims process in Bexar County.
Similar links to courts in Austin, Dallas, Houston, etc.

http://home.bexar.org/jp/smallclaims.html

There is a $10,000 limit on the effort in Jutice of the Peace court; higher amounts must go to a more senior court.

Wage garnishment in Texas is restricted to only a very few causes, such as tax recovery by the IRS, child support, alimony, student loans and a few instances.

However, otherwise virtually every other monetary asset (usually a bank account) of a defendant at fault can usually be accomplished via due process, assuming the plaintiff knows how to locate the deposit. This is called "attachment," and virtually every bank account is vulnerable to attachment with the exception being that funds from Social Security and some other federal payments can usually be protected.

Depending on the bank's own policies, a depositor may not even get advance notice that a collection is filed or remitted until after the cash is gone.

If you cannot find the cash, establishing a lien against real property (land, buildings, etc.,) a vehicle, boat, etc. is what might come next.

This website offers some insight.

http://texaslawhelp.org/issues/consumer/debt-collection

Very important to know:

Failure to respond on time to even a small claim suit is very risky and usually will result in a default judgment for the plaintiff, which cannot easily be appealed, much less reversed.

Please note: the above is not to be construed as legal advice, only information gained on a personal basis across the years and across state lines, too.

[SomeoneSomeone]

Originally Posted by DocHolyday

I see KKA is now giving legal advice. What a laugh! Your only showing everyone how ignorant you are. If there was any doubt, your removing that doubt all on your own!

Let me give you some free legal education KKA. There are no Small Claims Courts in Texas!!!! They were abolished in the last legislative session. They were absorbed by the Justice Courts. Lesson over for today. Class dismissed. KKA, you may remove your "Dunce" cap and leave now.

No need be rude to KKA she just trying help give her opinion

[zalex]

...bottom line, do not ever lend money to friends and family. You will never see it back!

[mayorcastro]

Originally Posted by zalex

...bottom line, do not ever lend money to friends and family. You will never see it back!

or hookers

[handyGiraffe]

Go KKA!
You can piss on me....LOL

[zalex]

Look, the real question here is... is it worth it to take a legal action? Take in consideration the time and money you will invest in recover whatever is that you have to. I agree 100% with DocHolyday, usually about legal affairs the answer is never black and white, this is why you pay a lawyer.

Instead of taking the risk of asking to "the public" and receive very bad counsel find a real counselor. Please NO OFFENSE to those who love the law and to research about the law, but giving legal advise when you should not can be a bitch.

Greetings from Miami, tonight in Denver...

Zalex

[rob9087]

The cost of admission to small claims court (JP) is low: $121 for filing fees and service of the lawsuit. You get a trial date pretty quick, and have a short bench trial. If you win, you get a money judgment against the defendant. The defendant has 10 days to appeal, and will have to post an appeal bond, usually in an amount twice the judgment. If the Defendant appeals, then you are in the County Court at Law system where all the "lawyer rules" apply. Very few rules that normally apply to litigation above the JP Court level apply in JP court, and JP court is easily navigable (IMO) by the average Joe.

Once you get a judgment, if the defendant does not apply, you may begin executing on non-exempt property. This is the area--judgment collection--that gets a little technical, and difficult. Getting the judgment is relatively easy. Collecting on it is another matter.

Again, it's a $121 and two trips to the courthouse. You may find it worth your time. If and when you get a judgment, you can always hire a lawyer to collect for you.