Thanks for your last answer. I have another problem. Different case in Texas. I had sued the estate of my deceased boyfriend in Texas. We were corporate partners in a jewelry business
and the estate took it upon themselves to declare all the corporate assets (inventory, equipment etc.) as estate property. I prevailed and in a settlement
agreement I was granted half the corporate inventory (the estate kept the other half) and all the corporate equipment. The settlement never made mention of the need for UCC certification for the corporate equipment - to prove it was owned by the corporation
. I had mailed the Temp Administrator the photos of the equipment in the home that belonged to the corporation as the court had ordered. The equipment was never listed item by item in the settlement but was listed by photos and mailed to the temp administrator who did not object to the list and photos.
When it came to collecting the equipment the estate held back about $9,000 worth of equipment and refused to turn it over. I had to retain a new attorney as the Judge allowed my original attorney to withdraw without a hearing in spite of my contesting the motion to withdraw. The original attorney quit when I asked him to file a motion for judgment.
The new attorney filed the motion for judgment but failed to request a valuation from the court on the undelivered property to be entered into the judgment. Right now a judgment has been entered without a value and only states that I am entitled to corporate equipment being held by the estate. I filed a claim of lien against the real property owned by the estate....but no value is attached to it because the court was not asked to declare the value that I proposed. I listed the equipment on the claim of lien and I gave it a value. Not sure if this has any meaning. The estate intends to sell the house to the decedent's sister and she may not care that there is a claim of lien as she is purchasing the home for cash and probably will never take out a mortgage or loan.
I was told by an attorney (who is friend) that I should make a motion for an inquest hearing to determine the value of the undelivered property so that a value can be added to the Judgment. I was also told that I might be able to get a Writ of Attachment and have the Sheriff go into the home and take the property out (if it is still there). As I was leaving the court after the judgment was entered one of the estate attorneys mentioned that if I did not have a UCC certification for all the corporate property that I would be unable to prove that the remaining corporate property was actually corporate property and did not belong to the estate - and therefore would be entitled to nothing. Seems like the original settlement was nothing but a trick. I have a letter and emails from the temp administrator agreeing to the corporate equipment in the home along with the photos of each piece. No mention of a UCC certification was ever brought up during trial or when the settlement was being written and agreed upon.
I am not sure how to go about getting a Writ or if Attachment. Do I require an attorney to do this? Does the Sheriff serve a Writ upon the Estate? Must I be there in person if I get one and the Sheriff goes into the home. I am not sure if the equipment is even still there and what its condition is if it is there? If the Estate sells the house then do I still have a right to serve a Writ upon the sister of the decedent who will be the new owner?
At this point I would rather have the $9,000 in cash - cost of replacement value for all the non delivered equipment.
Please help....the new attorney has bailed out after he did not fulfill his obligation and after a worthless judgment was entered. I will go forward pro se at this point ...and I tend to think that an inquest hearing for valuation of the property might be the better way to go if there is such a thing and if not please inform as to what can be done. Do I have to sue the sister personally for the default as she signed the settlement and then did not deliver. I want a real dollar amount entered on to the judgment or even the equipment itself (if it is intact). How can I achieve either or what else can be done if anything?
Thanks for a reply.