Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This is to the first set of information you gave me. I have…

This is a follow up...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 38 minutes by:
9/18/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Legal Question
Customer reply replied 10 months 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.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
13,467 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Second opinion] This is to the first set of information you
Second opinion] 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 Ju… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I received a Motion for post judgment receivership where the
I received a Motion for post judgment receivership where the Attorney is stating he will get the court to sign a demand for a Receiver to be put in place for collecting a post judgment in regards ****… read more
Legal Eagle
Legal Eagle
Lawyer
Doctoral Degree
13,467 satisfied customers
Second opinion] Do I have a substantive right to production
Second opinion] Do I have a substantive right to production of my requested docs which are financial in nature (statements for IRAs, JROS retirement annuities, IRA annuity w. death benefits, trust acc… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I am in the process of a loss suit by a credit card co. what
I am in the process of a loss suit by a credit card co. what is my power in texas … read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
I received from Hays county court by mail a request by
I received from Hays county court by mail a request by Portfolio Recovery Associates on behalf of Capital One by way of Rausch, Strum, Israel, Enerson and Hornik, LLC to grant an Application for Appoi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
A few questions dealing with Texas law regarding Civil Law,
A few questions dealing with Texas law regarding Civil Law, Judgements and Property Code and Insurance Code. My father has been served with papers for a civil case involving a credit card account ( $1… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
a debt collector has filed an injunction to prevent transfer
a debt collector has filed an injunction to prevent transfer of assets on a judgement from an old credit card bebt. what should i do? this court galveston county , tx is in july… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
im being sued by a bank over a loan i live in texas the bank
im being sued by a bank over a loan i live in texas the bank is in texas how bad can this get for me what should i look for in a lawyer to rep. me… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My husband got a judgement because he was out of town on his
My husband got a judgement because he was out of town on his court date, (he is a truck driver), the letter we recved says to pay or they will collect the judgement by seizing any non-exempt property … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My house was forclosed on 04/2009. It was financed with an
My house was forclosed on 04/2009. It was financed with an 80/15 loan. The lender for the second loan is preparing to sue me for the full amount wich wasn't paid with the foreclosure proceeds. I don't… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
We owned an apartment building in Houston as an investment
We owned an apartment building in Houston as an investment property. We went through a non-judicial foreclosure in September. Can the mortagage company come after us for the difference that we still o… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I own some land in Texas in a Master planned community.. I
I own some land in Texas in a Master planned community.. I have had it approx 4yrs now and am having trouble making the payments. If I were to stop making payments aside from hurting my credit, my loa… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
how long does a debt (credit cards) judgement last in Texas.
how long does a debt (credit cards) judgement last in Texas. What is the Statute of Limitations on this type of debt?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
The District Court of Dallas County 193rd Judicial District
The District Court of Dallas County 193rd Judicial District has awarded 1m in damages and 1.3 in exemplary damages against me in a civil case. I do not have any monies to pay and I am out of work. Wha… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
I live in the state of Texas and in September, I voluntarily
I live in the state of Texas and in September, I voluntarily surrendered my vehicle to Nissan Infiniti Financial. I owed $27,000 on the loan and they sold the vehicle at auction for $12,000, leaving m… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have an unsecured loan from 1986, bank filed for judgement
I have an unsecured loan from 1986, bank filed for judgement & recd judgement in 1989 or 1990. The only property I own is a homestead. Can they take it if I sell at some point?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
from TEXAS, I need to know what to do about a citation received
from TEXAS, I need to know what to do about a citation received for a credit card debt in default for about 13k?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Can a judge seize IRA, Roth IRA or variable annuities ...
Can a judge seize IRA, Roth IRA or variable annuities assets to pay back child support payments in WA State?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x