Qs about winning in small claims court.

[David]

and I mean that it works the same way.

Kind of.

[Baron Von Crowder]

Kind of.

how you get to that point is different, but once filed, it's the same.

[svauto-erotic855]

That's odd, I put a lien on a general contractors home for $10k that I paid him and he never completed the work at my office.

Had to take him to small claims court and once I had the judgement I took that over to the records building in downtown Dallas and they put the lien on his home. Now I have to apparently wait until he sells his home to collect.

He actually listed his home for sale not long ago, it was pulled from the market a week or so later. I wonder if the lien is coming up at this point...

Nothing in small claims court can exceed 5k. Are you sure that you did not file in county court?

[David]

how you get to that point is different, but once filed, it's the same.

Not really. A judgment can follow the person from county to county as long as it doesn't go dormant. A mechanics lien can only be attached to that specific property.

JP courts have jurisdiction up to $10k.

[svauto-erotic855]

JP courts have jurisdiction up to $10k.

It must have been awhile since I last did anything in JP court. How long ago did they go up to 10k?

[David]

it must have been awhile since i last did anything in jp court. How long ago did they go up to 10k?

2007

[kingjason]

I believe Bills or writs of attainder are illegal under the Texas Constitution.

Hey it has been 20 years! I may have forgotten the lingo. Execution was the word I guess.
Abstract of Judgment

There are a number of legal devices that you should consider after you have won in small claims court. The first thing you should do is file an "abstract of judgment." This is the device that makes your judgment public record and gives it legal effect. It also gives you a "lien" on any "non-exempt" real estate the person owns in the county you filed in. In Texas, a person's homestead is exempt. If they own any other property, for example, rental property, your abstract of judgment gives you a lien on that property and you can force its sale to satisfy your judgment.

Writ of Garnishment

If the person doesn't own any non-exempt real estate, however, your abstract of judgment won't help you. Therefore, you should consider a "writ of garnishment." This device allows you to obtain money that is owed to you from the person you sued.

The most common type of money that a writ of garnishment is used for is a bank account. If you know where the person you sued banks, you can go back to the clerk of the court and obtain a writ of garnishment to force the bank to turn over the money in the account to you.

Writ of Execution

Texas law also allows you to obtain what is called a "writ of execution." This device orders the constable to take the debtor's "non-exempt" personal property and sell it to pay your judgment. In Texas, much of what the average person owns is "exempt.' Exempt property includes most personal property. If you sued a business, however, its property may not be "exempt."
Turn-Over Order

Another option is a device called a "turn-over order." This permits the judge to order the person to turn over non-exempt property to you to satisfy the judgment.

[Stng5Pnt8]

Nothing in small claims court can exceed 5k. Are you sure that you did not file in county court?

I was told by the judge that for anything over $10k I would have to go through another process and not small claims court.

[Stng5Pnt8]

doubt it, mine didnt come up until well after the contract was in.

Did you have to pay that lien in order to get the home sold?

[Baron Von Crowder]

Did you have to pay that lien in order to get the home sold?

kinda. Shitty situation. The only way to do anything about it is to either the claimant drops it or I pay it. He wont drop it (even though it's completely fraudulent) so Ive been exploring any and all options, with little in the way of help. JP court wont touch it until after I've paid it, but the judgement from a JP court is worth less than used toilet paper.

At this point, I have (wtih the help of an attorney friend that wont let me pay him to take it on, but wants to help anyway) found that this guy has 39 of these listed in tarrant county. Since mine is completely bogus, and it's a sworn under oath deal, the tarrant co DA wants to look into it. They really didnt care a lot until we told them they added up to well over $20k. The financial crimes division had me on speaker in a meeting earlier this week discussing what i've found. The attorney general sent me forms to fill out so they can investigate also.

Bottom line, my money was escrowed with the title company since I refused to pay it in the sale. I dont have a choice, it is going to have to get paid, there is no other option without this con man dropping it, and he wont.