Legal Question in Real Estate Law in Texas
appeal
my husband & I were hust found guilty of fraud. We sold a house 9 years ago & when we filled out the Disclosure Statement, our realtor told us we only had to tell about what happened during our ownership, that all else were rumors. We told the buyers about the rumors but did not put in writting. The house flooded after they bought it. They then found out that the previous owner didn't tell us it flooded, but did tell them. They sued us & our realtor, who left us high & dry. We were pro se because we can't afford a lawyer. One of the jurors told us they really wanted the realtor, but thought they had to find us both guilty. Can we appeal? Can they take all our (small) savings? Can they garnish wages? Thank you very much. JK
2 Answers from Attorneys
Re: appeal
You were very foolish to decide you couldn't afford an attorney. Now you have to pay a civil court judgment that you might have otherwise been able to avoid. Did you watch so many lawyer TV shows you figured you could do it on your own? Yes you can lose your savings and your wages can be garnished. No, you don't get to appeal simply because you didn't want to get an attorney the first time and now want to get to try again. Maybe you can sue the realtor, but it is probably too late for that because you should have sued them the first time around and that is called "claim preclusion." The best you can do now is get an attorney to find out what your options are now.
Re: appeal
The judgment creditor cannot garnish your wages in Texas, but they can garnish your bank account. So if your wages get deposited into your bank account, they can be taken. If you attempt to avoid paying the judgment, you would have to be careful about where you spend your money, because you could be sued again for fraud. Bankruptcy may be in your future - I would consult an attorney ASAP. You can often get a free consultation with a bankruptcy attorney, and he or she may be able to point you in the right direction for an appeal.
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