Legal Question in Business Law in Texas
Unsuccessful Writ of Execution
Backstory, I am from Iowa and plaintiff against the defendant in TX. Got the judgement in Iowa, did a foreign judgement in TX and did an execution for the sheriff to go collect my money somehow. The sheriff says that he isn't answering the door so they can't serve the writ. What can I do now. The sheriff mentioned something regarding a ruling 106 but no one seems to know how to do that (sheriff, clerk, etc.). What are my options for collections as a garnishment will end up costing approx. $800. Thanks.
4 Answers from Attorneys
Re: Unsuccessful Writ of Execution
You can either do the garnishment or package the entire cause of action and sell it to a secondary recovery firm, or enlist the services of a collection agent. In addition you might also hale the debtor into court on a contempt, but you would need an attorney and it might be costly. A lot depends on how much money is involved.
Re: Unsuccessful Writ of Execution
When you run into legal obstacles that you cannot handle yourself. you might consider hiring an attorney. The other alternative is to study up on Texas law so that you can accomplish this yourself.
Re: Unsuccessful Writ of Execution
You will need to get a collection company or an attorney to do this. That's just the way the world is set up; everyone has a mouth to feed...or more than one.
Re: Unsuccessful Writ of Execution
Texas was settled by deadbeats from Georgia and Tennessee, and they wrote the laws to suit. Texas is a debtor's haven and collection against an individual is hard for a lawyer, and nearly impossible for a pro se party.
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