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Re: How do you collect on a judgement from small claims court
[Re: Canino]
#14790588
07/26/23 10:10 PM
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Joined: Mar 2003
Posts: 3,757
PowerLizard
TFF Team Angler
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TFF Team Angler
Joined: Mar 2003
Posts: 3,757 |
If you go to small claims court you have to pay the filling fee, wait for the court date, and then he won’t show up. You get your judgment, have to wait the 30 or 60 days appeal period, then you can file a Writ of Execution which you will have to pay for. Once the Writ is filed a Constable will go and see if he has anything that can be seized and sold to pay for the judgment most likely he won’t. This is the correct answer. If you do get this far, you hire a deputy to help with the Writ of Execution. When you go to the house with a rented U-Haul, start with all of the electronics. Collect all of the phones, tablets, laptops, TVs and gaming systems. Then go to jewelry. Find out what the guy likes to do in his time off and take it: Golf clubs, Fishing rods, hunting rifles, hunting trophies. He will quickly find the money to pay you off. Pay the deputy well. More than the agreed upon amount. This is one guy you want on your side now and in the future.
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Re: How do you collect on a judgement from small claims court
[Re: PowerLizard]
#14790609
07/26/23 10:24 PM
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Joined: Jul 2010
Posts: 9,905
TR176
TFF Celebrity
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TFF Celebrity
Joined: Jul 2010
Posts: 9,905 |
If you go to small claims court you have to pay the filling fee, wait for the court date, and then he won’t show up. You get your judgment, have to wait the 30 or 60 days appeal period, then you can file a Writ of Execution which you will have to pay for. Once the Writ is filed a Constable will go and see if he has anything that can be seized and sold to pay for the judgment most likely he won’t. This is the correct answer. If you do get this far, you hire a deputy to help with the Writ of Execution. When you go to the house with a rented U-Haul, start with all of the electronics. Collect all of the phones, tablets, laptops, TVs and gaming systems. Then go to jewelry. Find out what the guy likes to do in his time off and take it: Golf clubs, Fishing rods, hunting rifles, hunting trophies. He will quickly find the money to pay you off. Pay the deputy well. More than the agreed upon amount. This is one guy you want on your side now and in the future. Texas was founded by debtors fleeing their bills therefore the constitution and debt collection laws were written by deadbeats so good luck seizing anything.
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Re: How do you collect on a judgement from small claims court
[Re: SteezMacQueen]
#14790689
07/26/23 11:24 PM
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Joined: Jun 2005
Posts: 13,259
DanDaBald
TFF Guru
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TFF Guru
Joined: Jun 2005
Posts: 13,259 |
Usually in small claims court, payment is received upon ruling. At least when I went I was paid before I left the building. ^ ^ ^ ^ T H I S ^ ^ ^ ^ Was my/our experience. We received a check on the way outa the Court room. The Court told the Plaintiff "that check had better clear or you will see me again" Just my experience, and since COVID your mileage may vary.
NEVER FORGET 9/11/2001
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Re: How do you collect on a judgement from small claims court
[Re: patriot07]
#14791442
07/27/23 04:24 PM
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Joined: Jun 2023
Posts: 7
blackfigcurrant
Green Horn
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Green Horn
Joined: Jun 2023
Posts: 7 |
First up, once you've got your judgement, the court will issue an order to the defendant demanding payment. Sometimes, this alone can push people to pay up. If they still don't pay, you can request the court for a 'Writ of Execution.' This empowers your local sheriff's office to seize property or assets of the defendant equivalent to the amount owed. Wage garnishment or bank account garnishment is another way to get your money. This can be a bit tricky and varies by state. In Texas, consumer debtors have significant protection against wage garnishment, so you'd want to check the specific circumstances that apply. If you're not privy to the debtor's employment or bank details, a 'Debtor Examination' might be necessary. This is a formal court proceeding where the debtor is required to reveal such information under oath. Patience is going to be your friend throughout this process. It can be quite tedious, but your persistence will pay off. Additionally, for future reference or if you're dealing with local individuals or contractors, a quick check on https://texas.publicrecords.page/ could give you some insight about any red flags. It's always handy to do some background checking when dealing with significant amounts of money.
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Re: How do you collect on a judgement from small claims court
[Re: Uncle Zeek]
#14791479
07/27/23 04:53 PM
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Joined: Jul 2010
Posts: 81,028
banker-always fishing
Pumpkin Head
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Pumpkin Head
Joined: Jul 2010
Posts: 81,028 |
Well, if he owns a home, you could record the abstract of judgement in his county. When he tries to sell the house, you might get paid. Or you might not. https://lonestarlandlaw.com/judgement-liens-and-the-texas-homestead/I know of a really REALLY good collections attorney, but for the dollar amount you've mentioned, I don't think it would be worth your while to hire him. Plus #1. 
![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/823/ycku.jpg) ![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/560/ukw3.jpg) IGFA World Record Rio Grande Cichlid. Lake Dunlap. John 3:16 Sinner's Prayer. God forgive me a sinner. I accept Jesus Christ as my Savior !
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Re: How do you collect on a judgement from small claims court
[Re: patriot07]
#14791489
07/27/23 05:12 PM
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Joined: Aug 2003
Posts: 30,925
RedRanger
burro desagradable
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burro desagradable
Joined: Aug 2003
Posts: 30,925 |
You don’t have that many cards to play. If he is unlicensed you can contact TDLR and let them handle it but that won’t get you your money. You could contact his employer because more than likely since he is unlicensed he bought the materials through his employers account. However they will not back his work and may fire him for doing unlicensed work.
If you go to small claims court you have to pay the filling fee, wait for the court date, and then he won’t show up. You get your judgment, have to wait the 30 or 60 days appeal period, then you can file a Writ of Execution which you will have to pay for. Once the Writ is filed a Constable will go and see if he has anything that can be seized and sold to pay for the judgment most likely he won’t.
You will spend more time and money than what it’s worth so just learn from this and move on. He is licensed. Those filing fees are like $50-$100. I'm not worried about that. I'm going to try to work with the guy and see if we can find an amicable solution, but if he really does go this route, I want to know what my options are. Thanks for the reply. What license does he have? I don't think you can freelance (side work) with a electrician licenses, you must work under a master electrician who has insurance on file with the TDLR.
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Re: How do you collect on a judgement from small claims court
[Re: TR176]
#14791497
07/27/23 05:15 PM
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Joined: Mar 2012
Posts: 4,271
ACAMS
TFF Team Angler
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TFF Team Angler
Joined: Mar 2012
Posts: 4,271 |
Record the judgement in every county he owns property and hope he sells something soon.. If not renew every 10 years until the end of time. This is all you can do .... I have a judgement since 1994, and have never got a dime. .... I quit doing the 10 year thing long ago.
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Re: How do you collect on a judgement from small claims court
[Re: ACAMS]
#14791502
07/27/23 05:17 PM
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Joined: Aug 2003
Posts: 30,925
RedRanger
burro desagradable
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burro desagradable
Joined: Aug 2003
Posts: 30,925 |
Record the judgement in every county he owns property and hope he sells something soon.. If not renew every 10 years until the end of time. This is all you can do .... I have a judgement since 1994, and have never got a dime. .... I quit doing the 10 year thing long ago. I lien the house when they didn't pay me Only did two liens, took a year or so but I got paid.
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Re: How do you collect on a judgement from small claims court
[Re: patriot07]
#14791506
07/27/23 05:20 PM
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Joined: Aug 2003
Posts: 30,925
RedRanger
burro desagradable
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burro desagradable
Joined: Aug 2003
Posts: 30,925 |
Best of luck....lol he probably has broken his protection under the LLC if he was using personal accounts but you won't get through that in small claims I suspect. Sometimes you have to make a call on what's worth your time and money to pursue and only you know that. He doesn't even own a business. He works for a big electric company and does stuff on the side personally. If he did electrical work you could file a complaint with TDLR and let them go after him No, I'm not trying to ruin the guy. He's done a lot of good work for us over the years. He wanted to bid a job. I told him sheet rock would be removed (because that's what my GC told me). He got there to inspect the job before bidding, and the ceiling had only been scraped, not removed. He provided a bid (just a total price, no materials or labor or stipulations that it might go up if he couldn't get it done as quick as he wanted) and then asked me if it would be removed, and I told him it wouldn't be. I told him the bid was too high and my business partner wanted a second bid. We got a 2nd bid which was lower. Because of our history, I offered to go with him if he could come close to the lower bid. He did. He wanted half ($2150) up front to cover materials. He worked 2 days over the weekend with a helper. When he got into it, he said kitchen was more expensive than he thought, so we added $500. Then he said he was going to cut a corner in one spot (even though this specific issue was a big part of his sales pitch) because it was too much labor to fix it right. My business partner and I agree to install all the ceiling fans to save him labor there so that he could fix the panel correctly. Now we're at the point of paying $850 more than what the lower bid was, and us doing some of the work... Next morning he asks for $1350 more cash now because of having to pay his helper and materials being high. I sent that. A couple hours later, he sends me a cost estimate that's $2k higher than his original bid. I call and say..."are you telling me you're not going to make much on this job, or that the price to finish it will be higher?" He said "the second one". I told him to return my money and we'd use the other guy. Now he won't return the money and won't finish the job for the original bid. Not a great situation.... TDLR will just issue him a fine if he was working illegally which it sounds like to me Sounds like he is free lancing (Side Work), I suspect his license doesn't allow him to enter into contract, I suspect you must be a Licensed Master electrican
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Re: How do you collect on a judgement from small claims court
[Re: patriot07]
#14791521
07/27/23 05:27 PM
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Joined: Jan 2006
Posts: 15,800
BassFever
TFF Guru
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TFF Guru
Joined: Jan 2006
Posts: 15,800 |
I can understand why you wanted to save money, we all do. But you screwed up using this guy and now want a way out, sorry it's too late brother. This is part of why you hire a company and not just some smuck with some tools. File your small claims court and move on.
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Re: How do you collect on a judgement from small claims court
[Re: patriot07]
#14791809
07/27/23 10:05 PM
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Joined: Apr 2021
Posts: 899
wabash2015
Pro Angler
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Pro Angler
Joined: Apr 2021
Posts: 899 |
Best of luck....lol he probably has broken his protection under the LLC if he was using personal accounts but you won't get through that in small claims I suspect. Sometimes you have to make a call on what's worth your time and money to pursue and only you know that. He doesn't even own a business. He works for a big electric company and does stuff on the side personally. If he did electrical work you could file a complaint with TDLR and let them go after him No, I'm not trying to ruin the guy. He's done a lot of good work for us over the years. He wanted to bid a job. I told him sheet rock would be removed (because that's what my GC told me). He got there to inspect the job before bidding, and the ceiling had only been scraped, not removed. He provided a bid (just a total price, no materials or labor or stipulations that it might go up if he couldn't get it done as quick as he wanted) and then asked me if it would be removed, and I told him it wouldn't be. I told him the bid was too high and my business partner wanted a second bid. We got a 2nd bid which was lower. Because of our history, I offered to go with him if he could come close to the lower bid. He did. He wanted half ($2150) up front to cover materials. He worked 2 days over the weekend with a helper. When he got into it, he said kitchen was more expensive than he thought, so we added $500. Then he said he was going to cut a corner in one spot (even though this specific issue was a big part of his sales pitch) because it was too much labor to fix it right. My business partner and I agree to install all the ceiling fans to save him labor there so that he could fix the panel correctly. Now we're at the point of paying $850 more than what the lower bid was, and us doing some of the work... Next morning he asks for $1350 more cash now because of having to pay his helper and materials being high. I sent that. A couple hours later, he sends me a cost estimate that's $2k higher than his original bid. I call and say..."are you telling me you're not going to make much on this job, or that the price to finish it will be higher?" He said "the second one". I told him to return my money and we'd use the other guy. Now he won't return the money and won't finish the job for the original bid. Not a great situation.... I had some idiot down in South TX who claimed to be a good contractor. He even had online reviews on Facebook and Google Reviews saying he did good work. I saw pictures people had uploaded of his work online and it looked fine. This guy had zero clue what he was doing. He shows up to work with his buddies, they work for an hour, then they all try to bail because "it's free fishing day." I tell him I really need the work done asap. He says his guys will stay if they are allowed to do shots and drink on the job. I tell him hell no. He shows up the next day in his wife's car. He says that he needs to pick up some sheets of drywall but his truck broke down. He then says he needs to borrow my truck, tools, and ladder to do the job! I told the guy to just keep the money I had given him and to get lost. I got burned, but I did learn how to tape, mud, and finish drywall!
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