Legal Question in Credit and Debt Law in Texas
Methods of debt collection
A company stopped checks on and is indebted to us for over $300k. We have garnished their 3 bank accounts but they have over $800k in non-exempt property. Residential homes & land. How do we attach this property? We already have a pending suit.
2 Answers from Attorneys
Re: Methods of debt collection
$300K of your money? Hope you have a lawyer. If not this would be a good time to get one. If he/she does not know how to do this, tell him/her to call me. I will work on the case for a %age.
Re: Methods of debt collection
You must file an application for writ of attachment. A plaintiff seeking an application for writ of attachment must file an affidavit that states generally statutory grounds for issuance of the writ; amount demand from defendant; and specific grounds for issuance of writ. The application must be made on personal knowledge and must state facts that would be admissible as evidence. You must have a hearing on the application for attachment before a writ may issue. Further, no writ of attachment shall issue until the party applying for same has filed with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed by court order. An executed writ of attachment creates a lien on real property.
If you are already represented by counsel, this may be something they can handle. If you are not represented by counsel or if this is something your current counsel if not comfortable handling, let us know if you would like assistance.