Legal Question in Appeals and Writs in Texas

Hi,

I was sued by my ex-tenants 13 months later after they moved out….I had a counterclaim and won the case in the state of Texas. She has only paid $25 of the $1350 judgment and I have not seen another payment almost a year now. I want to file a Writ of garnishment (application for garnishment)….I am hoping this is the correct form to file. I cannot afford to hire legal help with this process because my judgment was less than what my legal fees were. My question is, she sued me for the security deposit…..the lease was under her name and her husband’s name but when I got sued, she was the one that sued me and her husband’s name was not on the case, so if this case was in regards to a security deposit to a rental house under her name and husband’s name can I file a Writ of garnishment against the husband since she is a stay home mom and home schools their kids???????


Asked on 3/05/14, 1:01 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Forget about garnishment. You can't use garnishment to collect this judgment, unless it's garnishment of a bank account.

By now you should have obtained an abstract of judgment and recorded it in any county where you think the defendant might own property (or SOMEDAY own property).

It is very difficult to collect a judgment in Texas. Does this defendant own any real estate?

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Answered on 3/08/14, 1:56 am


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