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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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This is to the first set of information you gave me. I have

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This is a follow up to the first set of information you gave me. I have received another letter for a court appearance this Thursday for: My Ex asking for granting a Receivership on Judgment for $32,000. I have been told that if I don't show up I can be found in Contempt of court; True or False? Also, if I go, can the Judge force me on to the stand to be asked questions regarding the list being demanded by my Ex's Attorney? Can I just plead the 5th as any answer might incriminate me? Can I say, I am not represented by an Attorney as I cannot afford one at this time because my last Attorney cost me $6K and I lost and that's why I have this $32K Judgment? I understand he will not be able to go after my Homestead (only property I own) also, can't go after my wages, IRA, Annuities, Pensions, etc. but can go after Assets in a regular bank account, yes? Also can't go after my only mode of transportation for work, my car? I understand this "Receivership" person is probably like a 3rd party collector, yes? He will try to go after my assets that are not under code 41.001, 42.001, 42.002, yes? Can the Judge (which is in the back pocket of my ex as he contributed to her campaign $$$$$) demand I pay him or find me in contempt?

Hello, thank you so much for requesting me. Let me see if I can take your questions one by one:

  1. Can the judge hold you in contempt for missing a court date?: yes. Do not miss a court date. If you need to have it extended, you should request a “motion for continuance” and provide a good reason(s) for why you would like it pushed out further.

  2. You wouldn’t be forced on the stand most likely since what you’re dealing with is likely not a trial. If you feel like something may incriminate you, then you can plead the fifth or use the classic phrase, “I don’t recall.”

  3. You can say that you don’t have an attorney, but that would only be important as a reason to ask for a motion to continue.

  4. The other party can go after whatever assets they feel will set things right, but it’ll be up to you to argue whether that’ll cause undue hardship on you.

  5. The receiver is usually someone appointed by the court, typically a third party, often a law firm or bank, or some other similarly situated organization.

  6. The judge will demand that you pay only if the he or she finds that you should pay at the conclusion of your proceeding. If you don’t pay, then the other party may file a motion to find you in contempt of court and it’s up to the judge to determine whether to provide any additional fines. Also, the other party can sue you for the non-payment, but that would be much further down the line.

Customer: replied 1 month ago.
I understand all that but, isn't a Judgment just a piece of paper? I have been told that Texas is one State that is forever in favor of those that have judgments against them that it's like; Good Luck getting the money from them. Is it true they can't go after my Car, Home or IRA's & Annuities?

Yes, a judgement is just a piece of paper, but it's a very important piece of paper that establishes that one party has a right to seek payment from another. They could potentially go after your assets, but some assets are exempt. I don't think it'd be helpful if I listed each one, but if you click here, Avvo.com has a really great list of what property is exempt and it seems like you have a good understanding of the law and code in this section as well.

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