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The defendant placed a surety bond, in the JP court, for…

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The defendant placed a surety...
The defendant placed a surety bond, in the JP court, for $7400.00 to appeal the judgement- in the civil JP court. The defendant lost his appeal in civil county court and I was award the judgement of 7400.00. I contacted the Civil County Court today to file a motion to release the funds and they told me there is nothing in their registry to release. The Civil County Court told me to contact JP court where the surety bond was filled. After contacting JP court, they told me they have no money and all I really have is a form stating someone promised to pay, but they didn't receive any kind or form of monetary to satisfy the surety bond. The attorney for the defendant has filed a "Findings of Fact and Conclusions," but isn't worried with making his client satisfy their obligation. How do I collect on the Surety Bond or is there something to file to make them satisfy the surety bond before they can file anything else?(Harris county, Texas)
Submitted: 8 months ago.Category: Legal
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Answered in 1 day by:
11/29/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,952
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If there was a surety bond filed, then you need to look at the company that issued the surety bond and contact them. A surety bond company is an insurance company that agrees to pay if the defendant does not pay. So you need to notify the surety company that the defendant did not pay and as such you are filing a claim against the surety bond.

If there was no actual surety bond posted, then you need to file a motion for order to show cause for contempt against the defendant and a writ of execution on judgment and ask the court to hold them in contempt for not making good on the appeal bond payment to you and to issue a writ of enforcement allowing you to levy the defendant's bank accounts and garnish their wages (if applicable).

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