Legal Question in Civil Litigation in Texas

How Do I collect from Tx a judgement awarded in a California Small Claims Court

I sued a debtor in CA Small Cliams court for a business transaction that took place in California. This guy lives in Texas. He tried to have the judge dismiss the case for suing him in the ''wrong venue''. He lost. I won in the case. He filed to have the judge set aside the ruling. He lost again. Then he turned around & sued me in Texas with new charges that the goods I sold to him were not in perfect condition. I flew to Texas & madea special appearance to challenge the jurisdiction of the court due to ''Res judicata''. The Tx judge agreed with me & ruled in my favor.

How best do I go collecting what he owes me? Can I also sue him in CA for my expenses in traveling to Texas for this case? Since I argued that Tx had no jurisdiction, will suing him in Tx not make me submitting to Tx jurisdiction?


Asked on 7/29/03, 2:14 pm

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: How Do I collect from Tx a judgement awarded in a California Small Claims Co

If you have a monetary judgment in California, then, you can go to Texas and get a "Sister State" judgment from the court there. This will allow you to execute on Texas assets or garnish his wages in Texas. You can get attorneys fees if business agreement says the "prevailing party" is entitled to attorneys fees. If you represented yourself, then, no attorneys fees. Texas might be different. You should consult a Texas attorney.

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Answered on 7/29/03, 5:03 pm


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