Legal Question in Civil Litigation in Texas

In 2004 I was taken to civil court to return a rental deposit. I had a lawyer lost the case paid my lawyer he died without paying the person. I had moved it appeared on my credit was willing to pay the $630 but found out the amount had gone up to $3100, I live on a fix income.. Lost my job in 2007 and I just don't have it. What are my options? Is there any time limitation on that kind of debt?


Asked on 3/11/10, 1:33 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

A Texas judgment becomes "dormant" after 10 years. However, if the plaintiff in judgment is diligent, he can "renew" the judgment by swearing out a writ of execution, which extends the judgment for another ten years.

Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that can legally be seized to satisfy a judgment). This means that you may be �served� with a writ of execution, but the Sheriff will return it to court �nulla bona� (no good). In other words, he won�t seize any of your property because it�s all exempt.

The plaintiffs in judgment can garnish your bank account if they know where you bank and they believe that you have sufficient funds on deposit. The filing fee for a garnishment is around $300.00; they don't want to hit your bank with a garnishment if you have only $55 in the bank.

They will spend about $20 and record an abstract of judgment in the county where you live. This creates a lien on any non-exempt property you own (and you probably DON�T own any); it doesn�t affect your homestead.

99% of all Texans do NOT need to worry if they have a judgment against them. Bill collectors collect their money because of the debtor�s fear of the unknown; they �scare� the money out of you.

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Answered on 3/16/10, 2:05 pm


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