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Are texas jewlers exempt from writ of execution

Austin, TX |

I recently won a case in small claims against a texas jeweler. The 10day appeals time expired this Friday May 4th. I am researching how to go about collecting my judgment incase the jeweler doesn't pay up.
It is my understand that 30 days after judgment, I may obtain a Writ of Execution to attempt to seize the Defendant's (JEWLER in my case) non-exempt property to satisfy my judgment.

I do know that he tried to incorporate the jewelry stores by the Corporate Tax was forfeited due to non payment of franchise taxes this was a huge help in my case as well even though the Judge ruled that the Defendant (jeweler) is liable in his individual capacity .

Can I seize property from his store to satisfy the judgment amount?

Attorney Answers 1

Posted

First, you get an abstract of judgment. There are many formalities you need to follow.

There is absolutely no reason to do this yourself. If you make a technical mistake you could wind up on the hook. Also, you can get the jeweler to pay for your lawyer.

You won't have any trouble finding a lawyer to collect against a jeweler. You won't have to pay anything up front and you will get more with a lawyer than without.

Any civil lawyer would help you and any civil lawyer will get you more in your pocket than you would get yourself.

I can't imagine a more ideal situation than collecting a judgment from a jeweler. Maybe someone that has a money tree in their backyard. Maybe.

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4 comments

Asker

Posted

I will 1st write a letter to his attorney regarding intent to pay and ask for a 5 day respond. If there is no intend to pay within 15days ,then I'll inquire with the court about filling out the Abstract of Judgment. But I am reading that once that abstract is filled I also have to wait 30days after judgement(May4,2012) and then obtain a Writ of Execution, which is needed to seize his non-exempt property. My original question is can I seize jewelry from the story since the story had it's Corporate Tax forfited.

Stephen Neil Foster

Stephen Neil Foster

Posted

I wouldn't advise doing it yourself.

Asker

Posted

ok, well, I'm in Austin TX does any lawyers want to take the reins?

Stephen Neil Foster

Stephen Neil Foster

Posted

If you have the judgment, we can either collect or won't charge you anything. Give me a call at 210-818-0969 if you want us to go after your money (or some rubies, whatever).