Announcement

Collapse
No announcement yet.

Civil suit questions

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #76
    Originally posted by '90Vert View Post
    Correct in facts - but not in applications... Yes - they can seize assists from a bank account with a judges orders. You are notified beforehand that this is happening. 99.9% of the time the account gets closed before a seizure happens.
    Incorrect. There are pre and post judgment garnishments - both of which can be done ex parte and without any notice to the debtor. In the vast majority of situations, notifying the debtor of the garnishment before the bank is served and the account frozen would defeat the purpose of doing it in the first place. Post-judgment garnishments are fun, but there's always the risk that there won't be enough money in the account to cover the attorney's fees and expenses you incur to do it or if the bank as a right of setoff.

    Non-Exempt assists is a key term. Broke people generally have 0 assists that are not exempt. exempt assets include one car and one truck, any tool required toward creating your income, most common furniture, kitchen items, toys, and ...... the list is long and includes almost anything of value a broke person may own. Guns/weapons might be the only exception -but good luck proving they belong to the person being collected against and not their friend/cousin/etc.
    It depends on what you mean by "broke" as there's a huge difference between cash poor and just poor. You'd be surprised at how many broke people have non-exempt assets. I've chased debtors that have hardly income and live in a rented mobile home, but own multiple vehicles worth decent money (exemption is 1 car if single and 1 per licensed driver if married - not sure where you got the 1 car 1 truck thing) or a bunch of guns that can be seized. More often than not that's not the case, but it happens. Also, the exemptions only cover a total of $30K single/$60K married worth of the listed assets. I've had debtors that were wealthy and fell on hard times but still have a far more than $30K/$60K worth of personal property.

    9 or 10 years - the lien must be renewed during year 9. At 10 years it is expired and can't be renewed.
    Incorrect. There are ways to revive a judgment (and the corresponding AOJ) as long it's within 2 years of becoming dormant.

    If you believe it is easy to collect on Judgments in Texas let me know through pm - I'd gladly pay you 75% of any of mine you can collect on.
    Will do. It all depends on the type and age of the debts.

    When the debtor has assists collection is a different story - people with money generally don't get evicted (my uncollected debts) or have unpaid credit cards.
    Again, generally speaking, I agree with you.

    Comment


    • #77
      Lawyer speak dance battle - ON!

      Comment

      Working...
      X