Legal Question in Civil Litigation in Texas

I hired an Attorney for a civil case in 2012 . It was against the Property Managment CO. and a Towing CO.. I won a judgement against them in Oct. 2013. They didn't appeal. I need to know what can I do if my Attorney isn't returning my calls? Can I file any kind of writ to start the process of trying to collect my judgement?

Thanks in advance

Faye Moore

Asked on 4/03/14, 6:11 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Stop calling this lawyer. Write a letter to him - a paper letter. Keep a copy. Tell him what you want. Ask him for information. Be sure to put your address on the letter so that he can write back to you.

Collecting a judgment in Texas is tricky, and most lawyers don't know how to do it.

Many people in Texas (and some businesses) are "judgment proof," which means that they don't have any non-exempt property (property that isn't exempt from seizure). This means that a writ of execution wouldn't do you any good. However, for around $100, you can run the writ.

You can garnish the debtor's bank account if you know where he banks AND if you're sure that he has funds on deposit. The filing fee for a garnishment is $300.00; you don't want to hit his bank with a garnishment if he has only $55 in the bank.

You can spend about $20 and record an abstract of judgment in the county where the defendant lives. The clerk of the court (the one that gave you the judgment) issues the abstract, and you take it to the county clerk's office to be recorded.

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Answered on 4/07/14, 3:01 pm

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