Legal Question in Civil Litigation in Texas
Motion To Show Cause
I was recently awarded a settlement in a wrongful parking litigation. The wrecker company was ordered to reimburse me my fees. We were both sent certified letters of the judgement. The company was givin a due date to pay me but failed to do so with no response. The judge told me i had to file a ''Motion to show Cause'', and my question is were would I find this form and what exactly will it do for me?
2 Answers from Attorneys
Re: Motion To Show Cause
A motion to show cause is a document ordering the offending party to come before the Court and show cause why he should not be held in contempt of court for disobedience to a court order. It's not a standard boilerplate form.
You can go to your county law library and ask the librarian to show you some form books. You'll have to work from there.
Essentially, you produce the court's order, show how the other side (the contemnor) has disobeyed the court's order, and get a hearing date set.
Usually you will also have to draw up the order that you want to court to sign after the show-cause hearing.
Re: Motion To Show Cause
In my opinion the judge is wrong. If you have a money judgment, get a writ of execution (by requesting the clerk to issue one) and then let the constable enforce it by bringing or having it forwarded to their office and paying the fees.
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