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J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I won a settlement against a large construction company here

Customer Question

I won a settlement against a large construction company here in Houston, TX for the amount of 1,336.67 on 5/20/10. The judge included, "recover from Defendant, all costs of court. The entire amount of this Judgment shall bear post-judgments interest at the rate of 5.0% per annum from the date of judgment until paid. The court orders execution to issue for this Judgment.”

As I expected, the company ignored the court order and its been almost 2 years. Do I need to file a writ of some kind? How do I calculate the interest and do I add cost of filing too?

Thank You!
Marc Anthony Briseno
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

Hello. Thank you for using JustAnswer.

If the judgment/debtor does not voluntarily pay the judgment, you can request the court's assistance in forcing them to pay.

The first step would be a "judgment debtor exam" where the court requires the company to reveal their assets and where they bank. That can allow you to:

levy (freeze and take money out of bank accounts)


sieze property (with sheriff's assistance)

The clerk of court for the court in which you won your judgment will have the forms for you to request the above-described assistance.

As for the interest, use an interest calculator (see below) and use the total figure owed as of the date you are filling out the form (e.g. update it each time you request court assistance). Here's an example of a loan calculator:

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

J.Hazelbaker and 7 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
This all makes sense, just a little bit more please. I kinda wasn't real clear how to use that calc accurately but I did find a super easy one to use. Ill share it with you just in case.

Does the debtor exam require that I go back to court? Is the exam all inclusive in the sense that it collects for me or is there more after that? This company obviously has the funds. Oh, and do I add the cost of the debtor exam fee to what I want to collect?

Thank You!
Expert:  J.Hazelbaker replied 4 years ago.

Depending on the court, the debtor exam can be an oral hearing or it can take the form of a written set of "interrogatories" (questions answered under oath). Many courts use the interrogatories. In fact, many courts simply have a form you fill out that gets sent to the judgment-debtor. So, you need to contact the clerk of court and ask about the aid in execution form to discover a judgment-debtor's assets.

You will want to have the interrogatories served by a sheriff, which will incur a cost. That cost can be included in the amount you are seeking.

Thank you for the link.

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