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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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I won a lawsuit in tx in 08 for 215,000 plus interest. He was

Customer Question

I won a lawsuit in tx in 08 for 215,000 plus interest. He was suppose to pay me 5000 a month or untill settleted in full received 1 payment that bounced He is still in business and i have several leins on him is there anything else i can do to force some sort of settelment since he has not kept up his obligation to me? thanks David
Submitted: 4 years ago via Nolo Press.
Category: Criminal Law
Expert:  dkennedy replied 4 years ago.

dkennedy :

Hello,

dkennedy :

Are his business and assets in a corporation, or just owned by him as a single person?

JACUSTOMER-m72yqw69- :

corporation

dkennedy :

Your judgment is against him personally, then, and not the corporation?

dkennedy :

What state is this in?

JACUSTOMER-m72yqw69- :

yes

JACUSTOMER-m72yqw69- :

texas

dkennedy :

Texas is very strict on collections. You cannot garnish wages or most things. If he took his assets and is 'hiding them" under the corporation, you may have to go to court and try to seize the corporate assets (piercing the corporate veil) or, if he owns shares in this corporation, you may be able to levy on them (take them) . What you should do is to go into court and ask for a Debtor's exam, which is ordered then, by the court (under the case that you won) and question him under oath about what he owns, when he got the corporation, what salary he takes from the corporation, etc.

dkennedy :

My guess is that he is hiding assets by putting everything under the corporation, which he legally cannot do. If he had the corporation before thsi judgement, that's a different thing, but if he did it just so he didn't have to pay you, you may have a chance at taking a lot of his assets.

JACUSTOMER-m72yqw69- :

he had the corp. before my law suit

dkennedy :

You could still do the debtor's exam and find out what shares he owns, because what he, personally owns, you might be able to get if it is not exempt (like his house)

dkennedy :

But, it sounds like he is almost "judgment proof" which means nothing much to take.

JACUSTOMER-m72yqw69- :

can i force sale of home since he has not kept his deal with me at all

dkennedy :

You could try, but usually the home they live in is exempt. Besides, he probably has a mortgage.

dkennedy :

That is the bad thing about a judgment, so many times it is way easier to get the judgment than to collect anything.

JACUSTOMER-m72yqw69- :

the home was a gift to him from his mom when she passed and was free and clear at the time of the law suit

dkennedy :

You can surely try to get it.

JACUSTOMER-m72yqw69- :

well i have the first lein on it

JACUSTOMER-m72yqw69- :

so nothing else to do

JACUSTOMER-m72yqw69- :

???????????

Expert:  dkennedy replied 4 years ago.
I'm sorry, but I have no more answers for you. I will opt out and see if another expert has more ideas than I do. And I wish you the best of luck with this.

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