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Anyone knowledgeable in Small Claims?

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  • Anyone knowledgeable in Small Claims?

    I was in Tarrant County JP2 today in small claims court.

    I won as a plaintiff (sued for $4,500 and won $3,600) for security deposit withheld in bad faith.

    Does anyone know how much the appellate bond is, if any? Also, how long does it usually take from the filing of the 10 day appeal until the court is heard? If he does not pay within the 10 days and doesn't file an appeal, any idea of the best route to take for collection?

    I think I can file a writ of execution against the rental house or his car or something if he chooses not to pay.

    No advice, just 'ideas' please. Unless you are a lawyer and have experience!

    (In before LMGTFY and STOGTFO, already have done both)

  • #2
    i went through this several years ago and had trouble collecting at first. what i did was file an Abstract of Judgement with the court. Once that has been filed and you wait a certain amount of time, you then file the Writ of Execution. At that point it gets handled by the Cuntstable Department. in my case i sued a shop that fucked me and the cuntstable showed up and demanded payment. I got my funds within 48 hours.

    also, the defendant will be required to pay interest if after, i believe 45 days, as well as all the costs involved with filing the Abstract and Writ.

    like i said, this was over 20 years ago.
    95 Rio Red Cobra#3881

    http://www.bborr.com/2013/2013results.html#115

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    • #3
      how about post tits or gtfo have you heard that one

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      • #4
        Originally posted by openroadracer View Post
        i went through this several years ago and had trouble collecting at first. what i did was file an Abstract of Judgement with the court. Once that has been filed and you wait a certain amount of time, you then file the Writ of Execution. At that point it gets handled by the Cuntstable Department. in my case i sued a shop that fucked me and the cuntstable showed up and demanded payment. I got my funds within 48 hours.

        also, the defendant will be required to pay interest if after, i believe 45 days, as well as all the costs involved with filing the Abstract and Writ.

        like i said, this was over 20 years ago.


        Doesn't matter. This is Texas. If they don't want to pay it, they don't have to. There is nothing you can do about it but damage their credit and get mad. Can't even garnish their wages.

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        • #5
          Originally posted by talisman View Post
          Doesn't matter. This is Texas. If they don't want to pay it, they don't have to. There is nothing you can do about it but damage their credit and get mad. Can't even garnish their wages.
          x100

          I won a breach of contract against a renter to the tune of $8,500 + compounded interest. I put a lien against them, and the fuckers declared bankruptcy 6 months later (right before the laws changed) and had it written off.

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          • #6
            Well I know they have a rental house, cars, and wages. Can none of those assets be garnished or collected and sold if they don't pay?

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            • #7
              Originally posted by Classic5.0 View Post
              Well I know they have a rental house, cars, and wages. Can none of those assets be garnished or collected and sold if they don't pay?
              They can in arkansas.

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              • #8
                Hmm... Anyone know any good real estate lawyers in Arlington TX? He called me and said he is going to appeal and has unlimited funds to fight this blah blah blah.

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                • #9
                  Yeah after doing more research on the subject, I believe that the rental property that they own is non-exempt and subject to seizure for sale by constable and the monies owed to me are payable to me upon sale. Not only that, but in Texas *it appears* that you can request the constable to seize money directly from their investments.

                  May be wrong on all this.

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