On the case I just described to you concerning the citation I received from the estate on the alleged illegal lien I placed against the estate real property - I was wondering....since the Sheriff refused to execute the writ I recently filed and returned it with statements that do not legally support his position of non execution....can I file a Contempt of Court lawsuit against them? Can you direct me to a website that would have an example of what a contempt of court citation looks like and a list o claims I can make for damages...such as court fees, filing fees, legal expenses and travel expenses. Are there damages outside of what I listed that I could include?
I assume their service upon me of the citation on the alleged illegal lien is valid by certified mail...under Rule 106 (2)?
Also, the citation claims that the Defendant...the Independent Administrator is a resident of Edwards County, Texas, when I know in fact that is not the case. What agency within the state government must I contact to establish this as fact? If they lied about this in their citation (petition for declaratory judgment) can I move for dismissal...based on that lie and based on the jurisdiction
Can I make a motion to dismiss their Motion for Declaratoy Judgment for my allegedly filing an illegal lien based upon incorrect jurisdiction and the lie about the independent administrator being a resident of Texas? If all correspondence goes through her attorney does that relieve her of the necessity to be a resident of Texas? Also, they are suing me personally for an illegal lien when in fact the lien was placed by the corporation
and not by me personally. Is this another factor for dismissal? At the same time that I make a motion for dismissal of the Declaratory Judgment can I also make a motion for Contempt of Court and a motion to convert the undelivered property from the Judgment to a monetary value...and also ask the court for my legal fees, court fees, travel expenses etc.?
The argument they use to support the citation for the illegal lien against the estate real property is that my corporation has no business
relationship with the estate. The corporation does in fact have a filed judgment against the estate and would that not give me the right to file a lien against the estate's real property? What argument can I use to counter?