I won a judgment and it is not yea 10 years old. That means I do not do a scire facias but instead I do a Writ of Execution which I paid an atty. to do and he will not talk to me now. So, next I am to take it to a constable ( for about $150 ). ...
Unfortunately, if the debtor has no property, the constable will not be able to get anything. I did not quite understand the last question about "how can extend the life of the judgment", but basically, you need to request a writ of execution AND it must be delivered to the constable at least once every 10 years to keep the judgment alive. So, you will need to request it again before 10 years after this first one.See question
If a party in litigation moves the court for a hearing and a hearing date is scheduled, can the other party still move the court for summary judgment two weeks prior to hearing? If such motion of summary judgment is allowed and filed, will the co...
When a party files a motion for summary judgment, that party needs to also schedule a hearing. The party needs to also send the other party notice of the hearing at least 21 days before the hearing. Therefore, a party cannot file motion for SJ and set it for hearing 2 weeks later. If the party attempts to do that, you should object.See question
kept my case for 9 months then nothing advise me get one outside Texas but I still have meritorious claim
It might not be financially feasible to pursue the particular case against the particular defendant.See question
I dated someone for a year and he said he needed money for his career. However he said the money was an investment for our future together. He said he was broke and lived with family to save money. I bought clothes, cell phone and deposited money ...
Based on what you wrote, the money you gave him sound more like gifts (which you cannot get back) than loans (which you can get back). If he agreed to pay it back at the time you were giving him the money, then you can argue that it was a loan.See question
I have 8 outstanding warrants for no DL, no insurance, failure to appear in court. Failure to take care of financial responsibility. 1yr later i now have a DL and current insurance. Can I just go up to the Municipal Court and get on a payment pla...
You may need to call the court to find out the policy of the particular court in which your cases are pending. In some courts, you can get the warrants lifted if you pay a certain percentage of the ticket amount. Of course, you can be arrested at any time if there are active warrants for your arrest, even in the courthouse. A lawyer would be able to post an attorney bond and help to resolve your case.See question
I have been living in Thailand for the last 6 months, but maintain an address in Austin Tx. (Travis County) for mail purposes. I received a call from a debt collector attempting to collect a debt from a written off credit card in 2007. They said t...
Can they sue you if they cannot serve you? You need to be served before a judgment can be enter against you. However, if they cannot find you, they can serve you by posting information about the lawsuit in a newspaper a few times. Basically, you can always be served.See question
In Texas, Person A and Person B are both family members (Father and adult son). If Person A gave Person B money as payment for a service rendered, and Person B used said payment for a purchase (for example, a TV), is the purchase considered as Per...
If payment was for a "service rendered", i.e. Person B already did the service, then the TV clearly belongs to Person B.
If payment was made BEFORE the service was rendered, I would still say the TV belongs to Person B, but Person B would still be required to person the service he was paid for. I don't think it matters that Persons A and B are family members.
What does this mean in non-lawyer terms?
The court will appoint someone to collect on a judgment by doing pretty much everything you can do:
e.g., check your mailboxes, take money from your bank accounts, take over your website domain, sell your stuff, take payments due to you by others, etc.
I don't have stable address. I've learned this now. Attempted to serve me. Then granted alter time serve dropping complaint at door. A default judgment was entered against me but the judge not this is appeal-able. 1) when judge says its a...
The date of the judgment is probably the most important piece of information in this context, because that date is the date that starts the time to appeal.
The "appealable" language is there to make extra sure that your time to appeal starts ticking.
I apply for an apartment. TransUnion credit bureau ran my credit report. Its stated that I owe an old landlord $1,500 from 7 years ago, and thatlandlird filed a judgement against me. I want to know how can I have the court remove the Judgment bein...
This is what the Fair Credit Reporting Act says:
If you read the rest of the act (not copied here), you will see that 7 years is more like 7.5 years.
15 U.S. Code § 1681c - Requirements relating to information contained in consumer reports
(a) Information excluded from consumer reports. Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information:
(1) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless—
(A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or
(B) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.