Legal Question in Legal Ethics in Texas

I have a court order signed by judge awarding a small claims judgement in my favor of $500 and 5% interest but the defendent, who is an attorney still refuses to pay me as of this date. I would like to know what are my options as far as having him comply with the court order.

Asked on 10/25/11, 9:10 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

First, write him a nice letter (paper letter). Enclose a copy of the judgment (you'll want to wait until after the time limit for appeals has expired). Ask him politely what his intentions are. Tell him you will wait until November 21 before you take any further action.

After that, if you plan to collect your judgment (I assume that he won't answer your letter), you really should consult a lawyer; there are BOOKS written on how to collect judgments and there isn't enough space here to go into great detail. The following remedies are available for collecting a judgment.

1. Get an abstract of judgment and record it (I assume you've already done this).

2. Garnish a bank account.

3. Ask for the appointment of a receiver.

4. Issue a writ of excution and have the sheriff serve it.

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Answered on 10/28/11, 10:49 am

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