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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im considering taking a large corporation to small claims

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I'm considering taking a large corporation to small claims court in Texas. It is about a defective appliance and their refusal to honor extended warranty. 1. The direct amount of damage is ~$1,700.00. Can I add for court fees, etc? 2. Should I win a judgement, how can I collect? Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

This kind of case is perfect for small claims court in Texas. First of all, you can tack your court costs onto the amount you are requesting in the judgment. Texas allows you to seek up to $10,000.00 in small claims court. Generally, a corporation will pay small claims judgments immediately, so collection really is not an issue.

However, assuming you needed to collect, the easiest thing to do is after the court has issued the judgment, you fill out a form for a writ of attachment listing the corporation's nearest office. The writ of attachment (once signed by the court) orders the sheriff to go to the office and seize office equipment in an amount that he figures will be adequate to satisfy the debt owed to you. Then the sheriff holds an auction and you get the proceeds.

Another way to collect is after the judgment is issued, you ask the court for Post Judgment Discovery and send the company a request for their bank account information. After you receive this information, you fill out a form with the court for a Writ of Garnishment. This orders the sheriff to go and seize funds out of the company's bank account to satisfy the judgment.

Please let me know if you have further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I will be sueing in my county of residence, the store is in the adjacent county. If I get a writ of attachment, will / can the sheriff in my county seize property in an adjacent county? Thanks

Expert:  Zachary replied 1 year ago.
Hi,

First, you will likely need to sue in the county where the Defendant is located. Do you have another reason for not filing suit in the Defendant's county?
Customer: replied 1 year ago.


I prefer to sue in my county because this is over their failure to provide warranty service repairs which were supposed to be done in-home. I gather that I can sue in the county in which the services in question were supposed to have been performed. Sueing in my county is much more convenient for me and it far less likely they will show up to contest. A better chance of winning by default, although I feel I have a good case even if they do show up.

Expert:  Zachary replied 1 year ago.
You can attempt to file suit in your county on this basis. However, the rule specifically states "where the services in question were performed" no where they "should have been" performed. So there is a possibility that the Defendant could file a Motion to Transfer Venue (although its most likely that if they do show up they will just defend there).

In regard to whether the sheriff will be able to seize in the next county over, the answer is no. You would have to take the writ signed by the court to the sheriff in the other county. The writ enable any sheriff to perform the order execution in the county where the sheriff has jurisdiction.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 9 other Legal Specialists are ready to help you

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