What would be the procedure to sue someone in Texas for a verbal agreement of payment for $30,000.00 to be paid out for a certain $ monthly. If won the judgement, how would I collect?
You would have to file a civil case in county or district court, and you would probably need an attorney to be successful. The burden would be on you to prove the other person breached an enforceable contract. A verbal agreement may not be enforceable under the Texas Statute of Frauds, especially if payments were to be made over a year from when the agreement was made.
Even if you prevailed and obtained a judgment, you may not have any way to collect it if the defendant has only exempt assets and no way to pay the judgment.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
Depends on what the promise was. If it was a charity pledge, the result would be different than a verbal contract to lend money.
1. Hire Attorney
2. Gather evidence (electronic, course of dealing, basis for the debt)
3. File suit and serve.
4. Have a trial.
5. Win the judgement.
6. Debtor's exam
7. Attorney Executes bank accounts, property title
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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