My mother is going to take a lady whom crashed into her house and 2 vehicles to court. I've been doing some research and read that all the judge will do is determine whether we win or lose the case. The judge is not mandated to MAKE the defendant pay (if my mother wins of course). If we win, how can we get the defendant to pay? I've done even more research and came upon A citation to discover assets in order to do a wage garnishment/ tax garnishment. We live in Dallas TX. I'm not sure if TX allows this? Or is there any other way we can go about actually getting paid back for the damage? Please Help.
If your research discovers a sure method to make a judgment debtor pay, you will indeed make many lawyers very excited. Obtaining a judgment is one thing--collecting it is another entirely. If a debtor has no assets, or only exempt assets, you may never recovery anything on your judgment. Whether you can collect a judgment is always a consideration when deciding whether to sue someone. Have a property damage attorney to review your situation in detail and advise on the viability of suing and/or collecting. Good luck!
Sometimes you can't.
Depends on the circumstances. You will need an attorney to assist.
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Once a judgment is entered collection efforts permitted a highly specialized field which includes location of assets and fact finding
There are several ways in which a judgment can be collected, but all of them depend on a judgment debtor having non-exempt assets that can be seized. Texas does not permit wage garnishment in this situation.
You can either talk to a lawyer about the collections issues, or you might consider turning in your damage claims to your homeowner's and auto insurance carriers, who will bring a subrogation claim to collect whatever they pay out of your insurance policy, and let them worry about collecting a judgment.
If you have insurance, the best option would be to turn this over to the insurance company. As the other attorneys answering this question have noted, it is notoriously difficult to actually COLLECT on a judgment in Texas. If there is no insurance company to handle the matter, consult with an attorney about the feasibility of filing a judgment lien or a writ of execution.
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