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Texas Law Question re judgments: (hanky-panky against me) 1.

Texas Law Question re judgments: (hanky-panky against me)1. WHO ELSE, if anyone, besides a “judgment creditor”, as defined below – is entitled to “aid from a court”?2. DOES “aid from a court” – essentially mean having the court do “execution”, i.e. via sheriff or such, or other pressure by the court?3. AND PARTICULARLY, what does “other judgment creditor” (as used in below definition) mean or refer to. Does that refer to “by assignment of judgment” – i. e. “standing in the shoes of” – an original judgment creditor – or a prior “assignee” judgment creditor?4. Again, ANYONE ELSE, entitled to “aid from a court”, besides a “judgment creditor”, as defined below?5. Someone is telling the court, that they are “successor in interest of a final judgment rendered in favor of a Law Office, P.C. – a 9 year ago forfeited entity (charter forfeited by Secretary of State, never revived, judgment never transferred, i.e. “assigned”). Is there even such a thing as “successor in interest of a final judgment”? – or have to be the actual (current? assigned?) “judgment creditor”, as defined below?The Texas law I found:Sec. 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, etc.(1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.Udo Birnbaum ***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
If kids are saying you are sexually inappropriate and your

If kids are saying you are sexually inappropriate and your not, can they arrest you based on what they say? I haven't done anything to anyone and being falsely accused of this horrible act. There isn't proof that I did anything wrong at all nor would I.

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Asad Rahman

Attorney

J.D.

2,808 satisfied customers
My tenants had an illegal large marijuana growing operation

My tenants had an illegal large marijuana growing operation going on in the California rental house, which I was unaware of. I confronted them and told them they had to move out and rather than filing the 3 day eviction notice they agreed to forfeiting their security deposit so that they could stay the final 2 months of rent paid in advance. Now they are taking me to small claims court over the security deposit as I did not file a letter in 3 weeks but rather considered our verbal agreement binding. Do I have any chance of fighting this?

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Asad Rahman

Attorney

J.D.

2,808 satisfied customers
I was dating the guy I let him move in and after a while I

I was dating the guy I let him move in and after a while I tried to push it off but he kept pushing and I gave him I had $20,000 that was left from my husband passing and I put it into a CD then my boyfriend got a loan against it in his name so the money went into his account I bought a house in my name and we did the repairs that the house needed and bought tools and yard mule kind of like a tractor type thing and now that we are not together he is trying to say that everything is his that we bought because it was bought on his card don't know what to do it was my money

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Dwayne B.

Juris Doctor

35,356 satisfied customers
Summary Judgment granted against Defendants in civil circuit

Summary Judgment granted against Defendants in civil circuit court, Kentucky. What now? Judge doesn't seem to like pro se defendants. Complaint filed, Answered, Motion for SJ with Affidavit; Response; Reply by Defendant; Reply to Response to Plaintiff's Reply - stricken by judge; Re-noticed to Amend Response - judge ruled even though it's on the docket to be heard on Monday.... what now?Daughter owns house; dad sold it to her in 2006 with verbal agreement; daughter never paid any mortgage nor utilities nor maintained it; Dad filed a Prelien notice then a Mechanics' lien to prevent sale of house; she filed complaint in civil circuit saying Dad filed false and malicious mechanics' lien and his girlfriend acted as an accomplish by impersonating Plaintiff.

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Dwayne B.

Juris Doctor

35,356 satisfied customers
I live in Massachusetts. I was scammed by a painter who is

I live in Massachusetts. I was scammed by a painter who is now suing me in small claims court ( Clinton District). I have filed Dept. Consumer Protection Complaints against painter and partner (sub?). The sub took apart and took 1/2 of a multi-piece swing set and left the other half. I would like to counter sue for damages to house and paint and for the remainder of swing set to be removed. My question is can I sue for the swing set either as part of a counter suit or separately and can I counter sue in a different district ( Concord)?

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Dwayne B.

Juris Doctor

35,356 satisfied customers
I have been summoned into small claims court. In the summons

I have been summoned into small claims court. In the summons the date was changed after the notary stamp.This company in the contract I signed offers a deferment of payment. I stopped paying them which got me to this court summons.When I experienced financial hardship and requested a deferment they refused or would not extend the 7 days. 5 business days I needed.I just need some advice if I should pursue a counter claim. Or if what they are doing is even legal. I have made payments since I received this summons.

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37,830 satisfied customers
I have been served a summons for non payment of child

I have been served a summons for non payment of child support. Summons was issued 3 days after withholding order was given to my employer. How do I file an answer to this summons?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I am in arrears for 1,752.00 dollars because I was not working. But the IRS sent my tax refund of 528.00 to OAG for tax year 2015. OAG has not deducted that amount from arrearage. I have a current withholding order is affect. The support had been sent to OAG but they still issued a summons.

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32 satisfied customers
I am representing myself Pro Se in a breach of contract

I am representing myself Pro Se in a breach of contract civil case. Originally the defendant was also representing himself Pro Se, and actually filed his signed answer to the complaint with the court. The judge issued a Scheduling Order, advised both of us to get a lawyer, and gave us both until Sept. 18th, 2015 to add third parties or file amended motions. On Sept. 18th an attorney for the defendant filed his Entry of Appearance, filed a Motion to Amend Answer, Motion to Assert Affirmative Defenses, and a Motion to File Counterclaim. The judge allowed it. In the defendant's original answer he admitted 15 of the 19 allegations. In his amended complaint he denied 18 of the 19 allegations. I filed a Motion for a Partial Judgment on the Pleadings based on the defendant's Original Answer to Complaint and a Motion to Strike Defendant's Affirmative Defenses and Counterclaim, but the judge denied it. We proceeded to Discovery. I filed my list of expert witnesses and propounded my Interrogatories, Requests for Admission and Production of Documents. The defendant requested no discovery, nor did he respond to my discovery requests. I filed a Motion to Compel, which the judge granted. He gave the defendant 30 days to respond. Time was up on June 18th (Saturday) so the defendant had until 5 p.m. on Monday to file. Nothing was filed on Monday. On Wednesday, the 22nd, the defendant's attorney faxed a Notice of Service of Discovery Responses (dated June 20th) to the Court, along with the defendant's Answer to Requests for Admission. On Thursday, when I still hadn't heard from the defendant, I went to the clerk's office to see if anything had been filed. That's when I discovered that the Notice of Service and Answer to Request for Admissions had been faxed to the court. The clerk gave me a copy of a letter that was sent to the defendant's attorney advising him the clerk's office was unable to accept or time stamp faxed paperwork and that he would either have to mail in his documentation or file it in person, which the attorney did on June 22. I requested a copy of the General Docket. It was then I discovered that the attorney had also faxed his Entry of Appearance, Motion to Amend, Motion to Assert Affirmative Defenses and Motion to File Counterclaim on September 18, 2015 and then actually filed it three days later. The Entry of Appearance, Motion to Amend Answer, Motion to Assert Affirmative Defenses and Motion to File Counterclaim are all time stamped Sept. 21. (3 days late). At this point I am wondering if anything that's been filed by the defendant other than his original Answer to Complaint is even legal? Not only has the defendant not obeyed court ordered discovery (Not one of 81 document requests produced; responses to Interrogatories perfunctory, deficient and providing no substantive information ), his Answer to Request for Admissions is untimely, therefore deemed admitted, I'm not even sure if he is legally represented.Your thoughts?

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Dwayne B.

Juris Doctor

35,356 satisfied customers
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