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I assume the contempt is the failiure to deliver. I thought you were filing that contempt in the court that issued the judgment awarding you possession of the jewlery making equipment and you were going to request that the judgment be modified to add a specific dollar value of the equipment and a specific direction that if the machinery was not obtained the sheriff would seize and sell assets sufficient to obtain the monetary value. Here is a search result that gives some sites you might try. http://www.google.com/search?sourceid=navclient&ie=UTF-8&rlz=1T4ACGW_enUS378US378&q=TX+contempt+of+court+order+forms+
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Yest the contempt is the for the failure to deliver. The Sheriff received the writ of execution about one month ago and only just responded this week with his rejection of the writ....where he erroneously states that if the judgment was not for a monetary value he could not gather property to satisfy the judgment. He has refused to go into the home to even learn if the jewelry making equipment is still there. As I was about to submit a contempt motion to the Probate Court the doorbell rang and the mailman delivered a citation from the Estate Independent Administrator suing me for filing an illegal lien....stating that the corporation had no business dealings with the estate and therefore had no legal standing to file a claim of lien. I have to answer the citation within 20 days as it asking for a declaratory judgment. The citation is submitted to another court....not the same court as the probate case was heard in. I assume it is submitted to the county court. Is there a way to combine the two cases....where I file a motion for contempt, a motion to convert the undelivered property to a monetary value, a motion to amend the judgment to add that value to it and a motion to dismiss the lawsuit for filing an illegal claim of lien. I assume I am permitted to file a claim of lien against the estate property if the estate refused to turn over all the jewelry making equipment as was required under the filed judgment. I appreciate your guidance in helping me respond to the most immediate lawsuit ...the one for the illegal lien. I am not sure what to argue other than if a judgment is filed and the property remains undelivered, I assume the harmed party has the right to file a claim of lien. I am also wondering if they have jurisdiction to sue me in Texas.....is their longarm jurisdiction when it involves a claim of lien....and if their suit is frivolous, are their statutory damages for making me show up in Texas to defend it? Thank you for your guidance as I am a bit overwhelmed on how to proceed and how to prioritize....(1) must answer the lawsuit for the illegal lien within 20 days: (2) must file a contempt motion; (is there a way to combine the two together?).
Can I make a motion to dismiss the citation for declaratory judgment based on the alleged fraudulent claim of lien as "frivolous" based upon the fact that I have a filed judgment with the same language?
I would not make the motion to dismiss on the ground of frivolousness. I think the argument is that the judgment is not fraudulent. Therefore there is no basis for a claim under the statute. Also, the lien on the real estate flows from the failure to deliver the property which makes the estate liable monetarily and the judgment applies to all real estate owned by the judgment debtor.
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