Legal Question in Criminal Law in Texas

I asked a lawyer in this website about filing a lawsuit about an assault and he told me I should sue and I should get $125,000.00 however I may never collect it. What doe sthat mean? Are civil lawsuits not enforced? I thought their wages could be garnished if they do not abide by the judgement? Am I pretty much going into a no win situation?


Asked on 4/29/10, 6:01 am

2 Answers from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

Texas only allows wage garnishment in cases of child support (or for federal income taxes). A civil judgment against someone can only be enforced if the losing party has reachable assets. You are not, for example, likely going to be able to take possession or force a sale of the losing party's home. So from that perspective, the other lawyer may just be informing you that though you may prevail in court, your chances of getting the monetary recovery you seek may be slim.

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Answered on 5/04/10, 8:52 am
Ken Gober (Austin TX) Lee, Gober & Reyna

I can't speak to the valuation of your case at $125,000 (it may be correct). But what the attorney was talking about in not being able to collect is commonly refered to as a "judgment proof" defendant.

Texas law protects certain assets of every person from being taken as part of a civil lawsuit.

If your case is truly worth $125,000 then it is worth consulting a lawyer to assist you on the case. I am an Texas Injury Lawyer and handle a select number of assault cases (intentional torts) .

Feel free to contact me for a free phone consultation: 512-478-8080.

Good Luck!

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Answered on 5/04/10, 8:54 am


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