Are you owed money? Is the person who owes you money refusing to pay? If so, your only alternative may be going to court to get a judgment, and then using the powers of the court to help you collect. Getting a judgment for the money owed to you is only the first step. Collecting it is where the rubber meets the road.
Step One: File the lawsuit
If the debt is $10,000 or less, you can file without a lawyer in the Small Claims Court. The Justice of the Peace will have the forms available for you. This process is relatively streamlined, inexpensive and simple. If the debt is over $10,000 your suit must filed in either the County Court or District Court.
Step Two: Get a Judgment
What is a judgment? A judgment is a formal finding by the Court that you are owed money. A judgment is NOT an order to that person that he must pay you. Rather, it entitles you to use the process of the court to find his assets, and to use the Sheriff or Constable to seize his property and sell it at auction, the proceeds of which are used to pay the judgment.
Step Three: Collect the Judgment
First, if you do not know what assets the debtor owns, you can require him to turn over all of his financial records, bank statements, tax returns, etc., so that you may discover what he owns and where it is. You can ask the Court for a “turnover order” compelling him to give those things to the sheriff or constable to be sold at auction. You can obtain a Writ of Execution, authorizing the sheriff or constable to size the property. You can put a lien on his real property. You can garnish his bank accounts. Our law firm has extensive experience collecting judgments. If you are owed money or already have a judgment please call us to set up a free consultation.
5080 Spectrum Drive Suite 1000 East
Addison, TX 75001
Office phone: (972) 752-1928
Copyright Law Offices of Kenneth S. Harter, 2014. All rights reserved.