Post Judgment Discovery

 

It's been a long hard fought battle.  The client has gone through the pre-suit demands and argument, filed the lawsuit and finally gotten the correct defendant served, gone through mounds of paperwork both preparing the case and defendants responsive documents,  There have been depositions and many hearings.  There was even an attempt or two to avoid all this activity negotiating a settlement at mediation before trial.  Finally, there was a several day trial and the nerve wracking wait for the judge or jury's decision.  But finally, the client won and the client has a judgment for money damages.

 

The defendant will write a check in the amount that the Court ordered, right?

 

Unfortunately, they often don't.

 

Well, we can get a writ of execution or a garnishment and go collect the judgment that way, right?

 

Well, it only works if you know what assets the defendant has that you can seize and sell.  Many are protected under the Texas Property Code Chapters 41 and 42.  So, you need to know what assets the Defendant has and whether the defendant claims them exempt from seizure.  For a garnishment, you can only garnish bank accounts (not wages directly).  You need to which bank where the defendant keeps his funds.

 

If the client wishes to pursue a turnover order and/or appoint a receiver, these things must also be known in that instance.

 

More investigation is needed.  This is often the second step in the post-judgment collection process.  (The first being filing the abstract of judgment.)

 

The lawyers at JH&A are experts at conducting these investigations and quickly identifying where and what assets are available from which to collect a judgment from the defendant.  If you have a judgment, but it only seems to be a piece of paper and no other effect, give JH&A a call.

281-408-3683

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