Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.
I can send a telephone request to cover this in detail, but that is an additional service of $52. I am happy to continue here as well so just let me know what you prefer
So you know in Texas much of our property is exempt from creditors or judgment creditors (person who obtained a judgment against you). Rental property is not exempt so if there is equity in the property it could be sold by a constable. The typical timing is that you must file a motion for new trial with the Court that heard your case within 30 days of judgment. You then wait on the Court to decide if you raise sufficient reason for a new trial, but most of the time this is denied and then you file a notice of appeal. This document summarizes these points and though it is for Collin County the same rules would apply state wide. http://www.collincountytx.gov/law_library/documents/tx_civil_litigation_steps.pdf
You should be aware that the Court will not issue a writ directing a constable to execute (attempt to sale) any property until more than 30 days after judgment. If you file an appeal that would also put a writ on hold. It would be unfair of me to quote you a fee as to what an appeal would cost. You would want to meet with an attorney that primarily handles appeals. He/she could advise you if you have valid appeal and then what cost you can expect. You could search on findlaw.com or avvo.com under the attorney search area for appellate attorney near you.
Do note you do not go to jail if you can't pay the judgment there is no debtor's prison. The plaintiff has the right to send what is called post judgment discovery and it will ask about all of your bank accounts, your employers, etc. You are required to complete that document and return it within 30 days. If you do not then the Plaintiff can ask the judge to hold you in contempt and issue a bench warrant for you to appear in his courtroom, but if you timely respond to the post judgment discovery that is not a worry and there will be no potential arrest. If the plaintiff wants to spend the money they can also have you appear and ask you these questions under oath with a court reporter present this is called a debtor examination and is similar to a deposition used in a lawsuit. The goal for the plaintiff is to locate anything that is not "exempt" so the Plaintiff can levy a bank account or execute against something like rental property. I mention exempt and I will explain further. In Texas much of our property is exempt. Go to this link and read about exempt property. This pages is for bankruptcy and I am not recommending that I just want you to read what property is exempt from creditors. http://www.nolo.com/legal-encyclopedia/texas-bankruptcy-exemptions.html Ignore the part about bankruptcy and just read about what property is exempt in Texas from creditors. All of that property is off limits and can't be taken from you.
Please ask any follow up questions you may have or if you would like to go over this on the phone please advise me and I will send the phone offer.
Does that answer your question? If so thank you in advance for providing me positive feedback as that is the only way I am credited for answering your question Do note that after leaving positive feedback you are welcome to reply here with as many follow up questions as are needed to answer the question you posted for free.
I just thought I would give you a heads up that I am logging off for the night. Do note that I should be back online around 1:00 PM CST tomorrow and will be happy to respond then to any additional questions. Feel free to reply here with follow up questions or if you need me to clarify something. In the event you would prefer to cover this over the phone I can make that happen as well for the additional fee mentioned. In the event you don't want a call just continue to reply here until I have fully answered your question.
In the event this answers your question thank you in advance for leaving me positive feedback as that is the only way I am compensated for the time I spent answering your question. Do note that even after positive feedback you are welcome to reply as long as needed here for free until your question is answered.
I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800