Legal Question in Appeals and Writs in Texas

I was selling a truck to one of my friends, i had to come get it back after a few months because he quit paying for it. When i went to go get it, it had about $3,000 worth of damages done to it, It was missing the wheels and tires, front grille, etc.... There is a lot more to this story but I'm trying to keep it short. Anyway, I thought about filling a small claims court lawsuit for everything. But my question is, what happens if i win and he doesn't pay? i know you can file for different kind of Writs, but he doesn't own anything. He has no money. He has no land, house or car. All he has is a job. His wages are already getting garnished for child support. There taking about half of his pay check. If I won, would he just get off free, since he has nothing? I don't want to waste my time if I'm not even going to get anything.


Asked on 11/14/11, 6:46 am

2 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I wish I had something of a more positive nature to tell you on this, but I'm afraid I just don't. I think you've hit the nail on the head--it doesn't matter if you get a judgment on someone if you can't collect on it because they don't have anything you could collect and likely never will. If you thought there was much chance at all he'd have any non-judgment proof assets in the future, I'd say go ahead a get the judgment now and hope you can collect on it later, but honestly, the way you describe this guy, it doesn't sound like that's likely to get you anywhere. You might go ahead and do it anyway, since the costs for a small claims case aren't much, but be aware that child support debts take precedence over absolutely all other unsecured debts, even taxes, and if about half his wages are going for that, unless he has a bunch of kids with different moms, that high a percentage probably means he's already fallen behind.

To the best of my knowledge, our legal system just doesn't really provide any good solution for people in your situation. I'm sorry you've been put through this.

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Answered on 11/14/11, 7:20 am


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