Legal Question in Business Law in Texas

My mom owns a small restaurant in Tx. She made it into a corporation a while back. Well today we had 3 officers come in with a letter stating that she had a balance of 9985.00 that she owed from 2 years ago from a food distributor. The officers told us if we had the money, if not they were gonna start taking our restaurant equipment out to put it in an auction to sell. Just wondering if this is legal to do. Thanks


Asked on 10/13/11, 12:36 pm

2 Answers from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Your facts are not entirely clear, however, if you mean sherrifs or constables by "officers" then yes if your mother's corporation or its predecessor had a judgment entered against it, it can be collected by the sherrif or constable by selling business assets if you cannot pay in cash.

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Answered on 10/13/11, 12:41 pm

You didn't get the whole story. It sounds like momma had been sued awhile back and either lost or didn't answer. Now, there's a judgment against her, and the contables are trying to collect. If momma wasn't served, then she may need to file a bill of review.

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Answered on 10/13/11, 12:52 pm


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