Legal Question in Credit and Debt Law in Texas

Re: Application for Writ of Garnishment

I see you answered this question as a lay-person can file for themselves but not others. I am the assignee of record in a small-claims court money judgment and I am getting conflicting information. I think the law says an ''assignee to the claim'' can not file in a small claims court but I can not find a definition of ''assignee''. Also it appears that if I move to the Justice court (as has been suggested) an attorney is required. Can you help clear this up for me?

Thanks

Tom


Asked on 11/20/02, 1:50 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Re: Application for Writ of Garnishment

The statutes are silent as to the assignee of a judgment, and arguably suing out a writ in enforcement of a judgment is not an action according to the legal definition of "action".

I would suggest speaking with the civil clerks in the JP court where the judgment was rendered.

If you move to a higher court for enforcement of the judgment, you'd best have an attorney handle that for you. The rules of civil procedure apply in all the higher courts, while they're far more flexible in Small Claims.

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Answered on 11/20/02, 4:29 pm


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