Any lawyers in Texas here?

AACJ · Post by **AACJ** » Sun Sep 12, 2010 9:19 am

No, I am not in trouble. Just a few questions that need answering.

Back when I lived in Houston, I took a "gentleman" to small claims court in 1992 for some damages he caused to my vehicle. I won the judgement (about $3,000.00) and he had originally agreed to pay me, but he did not. I obtained an Abstract of Judgement against him but no money or property was able to be recovered.

Is there a statute of limitations on collecting the money that the courts awarded to me from him? I realize this is from 1992, but I feel this person should still owe me the money I was awarded in court.

And, what other options might I have to collect if the Abstract is too old? One problem is that I am in Virginia and he is still in Houston.

Tye · Post by **Tye** » Sun Sep 12, 2010 10:03 am

I'm not sure about Texas, but here in Oregon a judgment is good for 10 years, but a person can renew it for another 10. Texas is a debtor state so you may be SoL.

-Tye

Squire · Post by **Squire** » Sun Sep 12, 2010 11:16 am

You may be too late Art if you didn't renew the judgment. I suggest a google search for collection attorneys in Houston and one of them can give you a definitive answer.

druphus · Post by **druphus** » Sun Sep 12, 2010 11:31 am

Typically, small claims court judgment last the least amount of time, and need to be renewed sooner than a higher court judment. In Colorado, for instance, a County Court Judgment (up to 15K) is good for 7 years, but may be renewed pretty mush indefinately, whereas a District Court Judgment is good for 21 years.

The answer to your guestion is very simple and could be answered by any Texas attorney, but 1992 is a long time ago!

AACJ · Post by **AACJ** » Mon Sep 13, 2010 7:43 am

I just got off the phone with the clerk, there no expiration on the Abstract of Judgement in small claims court in Houston. Now I need to find a way to re-serve this character.

Squire · Post by **Squire** » Mon Sep 13, 2010 10:48 pm

Art the girls at the clerks office can provide information but they are not attorneys. Much as if you need a medical opinion you want to speak to the doctor rather than the receptionist who answers the phone.

The Statue of Limitations on your Judgment in Texas is ten years from the date the judge signed the order so get it renewed before it expires.

I made a couple calls on your behalf, too much to pm, I can be reached at my number anytime as the office no. is forwarded to the cell after hours.

Post by **Sam** » Tue Sep 14, 2010 5:53 am

Same in Tennessee, you can get a judgment and record it as a lien. Judgments are good for ten years and before it expires, you have to renew it. Art, Tye is right, Texas is a state for debtors, not creditors. However, our judgments carry post-judgment interest, the greater of 10% per year or the contract rate of interest. You may have the same deal that it might be worthwhile to pay an attorney 1/3rd to pursue collection. Depositions in aid of execution of the judgment or searching for employment by using a private eye, things like that.

AACJ · Post by **AACJ** » Tue Sep 14, 2010 6:04 am

Hey Squire, thanks for that info. I will call you this afternoon when I have a bit to talk (I also edited your phone number out of your post).

Squire wrote:Art the girls at the clerks office can provide information but they are not attorneys. Much as if you need a medical opinion you want to speak to the doctor rather than the receptionist who answers the phone.

The Statue of Limitations on your Judgment in Texas is ten years from the date the judge signed the order so get it renewed before it expires.

I made a couple calls on your behalf, too much to pm, I can be reached at my number anytime as the office no. is forwarded to the cell after hours.

AACJ · Post by **AACJ** » Tue Sep 14, 2010 6:07 am

I would like to pursue this if possible, with the interest, 10% on the judgement, it comes up to around $6.5K. I think I have tracked him down but I think I would have to have a lawyer or some point person do all the real leg work for me, since I am no longer in Texas.

Sam wrote:Same in Tennessee, you can get a judgment and record it as a lien. Judgments are good for ten years and before it expires, you have to renew it. Art, Tye is right, Texas is a state for debtors, not creditors. However, our judgments carry post-judgment interest, the greater of 10% per year or the contract rate of interest. You may have the same deal that it might be worthwhile to pay an attorney 1/3rd to pursue collection. Depositions in aid of execution of the judgment or searching for employment by using a private eye, things like that.

Squire · Post by **Squire** » Tue Sep 14, 2010 10:50 am

Thanks for your courtesy Art but my number is a matter of public record so I'm not sensitive about giving it out.

Texas is a tough place to collect a debt and you need a lawyer who knows the system.