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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33911
Experience:  Began practicing law in 1992
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What type of bond and/or what rule would you file it under

Customer Question

what type of bond and/or what rule would you file it under to protect a judgement that I have won - however the receiver has allowed the bank account to be unfrozen due to some technical issues with the account being under a third party name - however, we are waiting for the bank records to prove the defendant is a part of the account and therefore still liable - we want to protect that judgement and ensure we get that money back -when its proven that he is apart of the account - can you help?
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. I've read your facts but I'm not sure what you are asking. Can you rephrase your question?
Customer: replied 2 years ago.
I made it very clear -I need to know what is type of bond and what is the legal motion called for it
Expert:  Dwayne B. replied 2 years ago.
Unfortunately, in Texas the person who gets a judgment in a case isn't required to post a bond to "protect it" so I'm not sure what you're talking about. If you don't want to provide any more information then I'll be happy to open this back up to other experts but the way it is phrased it doesn't make any sense and I practiced law primarily in Texas for over 20 years.
Customer: replied 2 years ago.
This is to protect my judgement -we are just asking the other side to provide a bond to secure the judgement -I don't know why my attorney this acting like she just can't write up a motion for them to provide a bond or have one in place -she is telling me she is researching the "legal name or type of bond " I'm like just ask for a bond!! I'm very frustrated by the whole thing and it's a long story -but basically we won the judgement a long time ago and he puts in these comic shows and then defuncts the corporation -and then puts on another show under another name -so we were able to freeze those funds recently 32k which is what he owes me -but of course it's under a third party -which he is majority shareholder -but they are claiming that this other corp is not the debtor blah blah and so receiver telessed it because show it this weekend and he is claiming that show won't be able to go on.., we are waiting for the bank documents to prove he is apart of it and it's fraudulent conveyance etc .. So all I'm trying to do is secure the debt with a bond thstbthrybeoukd need to provide which the judge said he would sign of my attorney files the motion -so that's where we are but she she keeps she keeps acting like she needs the legal support for requiring them to put up bond or basis for the type of bond .
Expert:  Dwayne B. replied 2 years ago.
I understand your issue now. Initially you phrased it like you were the one required to put up the bond which is what caused the confusion. The issue here, and I can see why it is giving the lawyer fits, is that this doesn't fit under any of the usual categories since you are trying to "grab" money that technically belongs to a third party. The first thing the lawyer might try is to argue that the court inherently has the power to require a bond under Texas Rules of Civil Procedure 308. The next thing the lawyer should try is arguing that the court has to power to impose a "constructive trust" on the money and then under that equitable theory can require a bond before releasing the funds. There won't be a rule number on that because constructive trusts are based on case law and common law so the lawyer will have to do the case law research. Next, the lawyer should look under TRCP Rule 664, the Replevy Rule, which would cover the situation as well. Any of those should work since the judge seems inclined to grant your request but I would lean toward the constructive trust or Rule 664. You can see the Rules of Civil Procedure at this link. If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.