Legal

Ask a lawyer and get answers to your legal questions

Connect one-on-one with {0} who will answer your question

This answer was rated:

Texas Law Question re judgments: (hanky-panky against me) 1.

Texas Law Question re judgments...
Texas Law Question re judgments: (hanky-panky against me)
1. WHO ELSE, if anyone, besides a “judgment creditor”, as defined below – is entitled to “aid from a court”?
2. DOES “aid from a court” – essentially mean having the court do “execution”, i.e. via sheriff or such, or other pressure by the court?
3. AND PARTICULARLY, what does “other judgment creditor” (as used in below definition) mean or refer to. Does that refer to “by assignment of judgment” – i. e. “standing in the shoes of” – an original judgment creditor – or a prior “assignee” judgment creditor?
4. Again, ANYONE ELSE, entitled to “aid from a court”, besides a “judgment creditor”, as defined below?
5. Someone is telling the court, that they are “successor in interest of a final judgment rendered in favor of a Law Office, P.C. – a 9 year ago forfeited entity (charter forfeited by Secretary of State, never revived, judgment never transferred, i.e. “assigned”). Is there even such a thing as “successor in interest of a final judgment”? – or have to be the actual (current? assigned?) “judgment creditor”, as defined below?
The Texas law I found:
Sec. 31.002. COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, etc.
(1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.
Udo Birnbaum ***@******.***
Show More
Show Less
Ask Your Own Legal Question
Answered in 30 minutes by:
8/26/2016
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 8,612
Experience: 20 years experience as a civil trial and appellate lawyer
Verified

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Ask Your Own Legal Question

*Aid from a court does mean having the court do an execution, garnishment, turnover order, etc.

* 31.008 (e) states:

The clerk of the court shall deposit the trust funds and any interest earned by the funds in the clerk's trust fund account. The clerk shall pay the funds and any interest earned by the funds to the judgment creditor or to the successors to the rights of the judgment creditor. The clerk may presume that the funds are payable to the judgment creditor unless the clerk is furnished with a written assignment of the judgment.

So, it appears that TX law does permit a judgment creditor to assign its interest in the judgment or for the judgment to be passed to a successor in interest.

* Of course, you may still be able to challenge the validity of the judgment if not timely revived or if there is no evidence that the successor in interest is in fact a successor in interest.

Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.

Ask Your Own Legal Question
Customer reply replied 3 years ago
My key question was IS THERE ANYONE ELSE, BESIDES A "JUDGMENT CREDITOR" - as defined in the definition - WHO IS ENTITLED TO "AID FROM THE COURT" - you have not answered that.Also you have not answered what OTHER JUDGMENT CREDITOR refers to or is - in the DEFINITION of "judgment creditor"i.e. 1. WHO ELSE BESIDES "JUDGMENT CREDITOR"?, AND 2.WHAT IS "OTHER JUDGMENT CREDITOR" - in the definition
Customer reply replied 3 years ago
Again (not real sure I did an actual "Send" just before, so again:1. WHO ELSE, if anyone, besides a “judgment creditor”, as defined below – is entitled to “aid from a court”?
3. AND PARTICULARLY, what does “other judgment creditor” (as used in below definition) mean or refer to. Does that refer to “by assignment of judgment” – i. e. “standing in the shoes of” – an original judgment creditor – or a prior “assignee” judgment creditor?
4. Again, ANYONE ELSE, entitled to “aid from a court”, besides a “judgment creditor”, as defined below?

Good luck to you....

Ask Your Own Legal Question
Law Educator, Esq.
Category: Legal
Satisfied Customers: 140,737
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.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
1) Aid from the court refers to the ability of a judgment creditor or their successor in interest to go to court and propound discovery to the judgment debtor to seek to identify assets from which to collect a debt. A judgment creditor or their successor in interest can serve discovery on the debtor to make them disclose their assets and the location of those assets.
A successor in interest in Texas is someone who takes over and stands in the shoes of the judgment creditor on the record. So that means they have to prove 1) they have a valid written assignment of the judgment giving them rights to collect or 2) they have to prove they have somehow taken over for the original judgment creditor, such as they bought the original judgment creditor's business.
2) A judgment creditor is deemed to also include the successor in interest or assignee of a judgment. The original judgment creditor has to assign the judgment in writing, which the successor has to file in the court to prove their right to pursue the judgment in the place of the original judgment creditor. Also, if the original judgment creditor sells out their business then the new owner has to put evidence in the court record that they are now a successor in interest of the old judgment creditor and legally entitled to collect on the debt.
3) ANYONE ELSE entitled to collect on a judgment and get aid from the court (conduct discovery) would be anyone whom the judgment creditor assigned the judgment to in writing or any legal successor in interest as explained above.
Ask Your Own Legal Question
Customer reply replied 3 years ago
YOU HAVE PROVIDED A VERY CLEAR AND PRECISE DESCRIPTION OF THE PROCESS. As you may have recognized (and the lawyer before you did not), I phrased my question precisely around the answer I expected, and the answer you just gave confirms that things are pretty much like this, or at least should be like this. THANK YOU.Hidden remains, however, in my question, regarding the meaning of “OTHER JUDGMENT CREDITOR”, in the Texas definition of “judgment creditor” – is the matter of whether a judgment has to be based upon someone actually having had AFFIRMATIVE PLEADINGS to have gotten a judgment, i.e. that he was indeed one of those “plaintiff-types” as in the definition of “judgment creditor, to be a JUDGMENT CREDITOR:(1) "Judgment creditor" means a party in whose favor a judgment has been rendered, whether a plaintiff, counterclaimant, cross-claimant, third party plaintiff, or other judgment creditor.What they actually got, was an Order on Motion for Sanction for $125,770 – without ever having been one of those “plaintiff-types” in the definition. Such is of course NOT a judgment – certainly not in a JURY case – the sanctions hearing not before a jury – BUT they have even gotten Execution on this – the sheriff of course not finding such assets.My position is – that these are NOT judgment creditors – PER THE DEFINITION OF JUDGMENT CREDITOR – no matter WHAT piece of paper they hold, regardless of how it is TITLED, regardless of WHEN it says it was “rendered”, etc. ad nauseam.I do not expect you to have or provide an answer upon this matter of “things are not as they are supposed to be”.I AM COMPLETELY SATISFIED WITH YOUR ANSWER. I will, however, keep this thread “open” for a few days, or close it upon your request – and give a PLUS-PLUS - for you "Law Educator" to perhaps give me some sort of guarded statement – that may help me.Your should find my web site www.OpenJustice.US (NOT .COM) of interest, to say the least. Else just google for the likes of “damn courthouse criminals”, “beaver dam scheme”, “beavers lawyers fire ants”, “presiding pumpkin”, “judge poopi poopcicle”, “judge abcde”, or my name – udo birnbaum – that would be the jackpot.So – holding “open” for now.
Thank you for your reply.
In Texas the judgment creditor is the person who received the judgment OR their successor in interest. So for someone other than the initial party to try to enforce the judgment, as I stated initially, they would have to file proof with the court of their right to collect the judgment. So in that sense, a successor in interest or assignee who has provided proper proof and documentation to the court can stand in the same shoes as the original judgment creditor and can become the judgment creditor. So, it is not quite true that "it does not matter what paper they hold" they cannot collect. If they present proof to the court of assignment of the debt to them (just like a collection agency, for example) they can take any action the original judgment creditor can take.
I appreciate your comments and would ask that you please leave positive feedback, as the experts are not employees of this site and as such get no credit for time spent with customers unless the customer leaves positive feedback and many times customers have intentions to return but with busy schedules these days that everyone has it can sometimes be forgotten. Thank you.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 140,737
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. 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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 140,737
140,737 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

Related Legal Questions
I was served with a Praecipe for Writ of Revival in PA on
I was served with a Praecipe for Writ of Revival in PA on Dec 2011 for a default judgement found against me on Aug 2005. I submitted my Answer to Praecipe for Writ of Revival to the Clerks office and … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
140,737 satisfied customers
I have a judgement against me for a business I bought and
I have a judgement against me for a business I bought and signed personally for. State of Kansas. What happens to the judgement if the plaintiff dies or I do ?… read more
KLAW
KLAW
Juris Doctorate
3,887 satisfied customers
I received a letter stating that an attorney wanted to
I received a letter stating that an attorney wanted to revive a judgement from Feb 2004. It states I need to answer the judgment by the 19th of January. The letter is addressed to my old name that I h… read more
Lori
Lori
Juris Doctor
8,351 satisfied customers
I have received a judgment against someone. It is. 100,000.
I have received a judgment against someone. It is for approx. 100,000. What rights do I have to collect??? How do I find out what he has and what my rights are to obtain this information???… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
38,128 satisfied customers
I received a judgment in April of this year against a
HI, I received a judgment in April of this year against a publisher who hadn't paid me for 6 months of work I did on assignment. I was awarded a full judgment for the amount I claimed by LA County Sma… read more
Michael Lykken, Esq
Michael Lykken, Esq
Partner
Juris Doctor
115 satisfied customers
We have a revivor of judgment issue. Org. plaintiff terminated
We have a revivor of judgment issue. Org. plaintiff terminated during revivor process. No official succussor in interest; however, assignee claims to be assignee prior to pendency of revivor process. … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,588 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
Somehow, could not reconnect with you, so stopped. Now that
Somehow, could not reconnect with you, so stopped. Now that I found you again, the following: VERY PLEASED WITH YOUR LAST ANSWER. GAVE YOU EXCELLENT RATING. The following prepared to stand independent… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
JUDGMENT EXECUTION: A legal "entity" has a big judgment against
JUDGMENT EXECUTION: A legal "entity" has a big judgment against me, but in 10 years has not attempted execution. The "entity" ( a professional corporation) had its existence involuntarily FORFEITED by… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
if a plaintiff who won a default judgment in 1997 died in 2003
if a plaintiff who won a default judgment in 1997 died in 2003 and the judgment laid dormant can the heir of the plaintiff revive the judgment in 2009 if the court shows no activity on the judgment or… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I have another question regarding the garnishment. Now that
I have another question regarding the garnishment. Now that they have taken all the money that was in the checking account what will be their next step. The 736.00 that was taken was not enough to cov… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
A default judgment was obtained against me claiming fraud in
A default judgment was obtained against me claiming fraud in May 1993 in LA, California. My domicile is within the State of Texas. Later, plaintiff domesticated the judgment in Oct 1993. Writ of execu… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a 20 year old judgement (about 19k) to date. I would
I have a 20 year old judgement (about 19k) to date. I would like to settle but they won't take an offer without seeing my last to tax returns or so they say. Shuld I try to offer 30%, 40%, 50% anyway?… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
I have recieved a letter in the mail for a Motion for Revival
I have recieved a letter in the mail for a Motion for Revival of Judgment from the State of Missouri regarding a judgment from Aug 21 2000 for a sum of $1999.36. At the time I received the paperwork, … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
27,567 satisfied customers
one of my credit cards was charged off and later I was sued
one of my credit cards was charged off and later I was sued by a third party who called themselved "successors in interest" to the credit card company. During discovery, I asked to see documentation a… read more
socrateaser
socrateaser
36,604 satisfied customers
i have a judgment that i need released i am getting ready to
i have a judgment that i need released i am getting ready to buy a house clossing is on march 12th i have the money and want to pay the judgment but the lawyer wont give me a release when i pay the mo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I was in a accident 31 years ago and a default judgement ...
I was in a accident 31 years ago and a default judgement was filed against me, the detail of which I am not aware of. Is there a statute of limitations that would prevent the debt from being pursued a… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
12,770 satisfied customers
Can a LLC represent themselves in a North Carolina Court
Can a LLC represent themselves in a North Carolina Court? What states allow LLC's to represent themselves?… read more
Jane T (LLC)
Jane T (LLC)
Master's Degree
2,862 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).

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

24,667 satisfied customers

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

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

140,737 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

25,231 satisfied customers

Licensed attorney helping individuals and businesses

Ellen

Ellen

Lawyer

8,239 satisfied customers

Consultant and legal researcher

Guillermo Senmartin

Guillermo Senmartin

Lawyer

303 satisfied customers

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

Ray

Ray

Lawyer

18,862 satisfied customers

30 years in civil, probate, real estate, elder law

< Previous | Next >

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
Welcome! How can I help with your legal question?
1
Show
Maximize