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 issue?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?
State/Country relating to question: Texas
I filed a writ of execution and the Sheriff refused to execute it after he accepted it. He made false statements about the writ...such as it is only go be used to collect property for monetary satisfaction....when in fact the writ can be used to obtain property. I have not filed a contempt of court motion yet as I am not sure how to proceed from here ....especially in light of being sued for filing an alleged illegal lien against the real property of the estate.
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+
If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
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.
30 years of corporate, litigation and international law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).