My question involves court procedures for the state of: Texas
I have a Texas JP Court Judgment against a Tenant in the amount of $4k for Rent, Attorney Fees and Court Costs, allowing me to gain possession to my property once I apply for and get a writ of possession. The order grants me "...any and all writs of execution necessary to enforce this judgement"
The tenant, who lives in his Travel Trailer with his Girlfriend has now departed.
There is another $2K also owed, for damages to clean up the property, non payment of utilities and penalties etc., and likely another $2k for attorney and repo. fees. I have not gone to court for the damages for the extra $2K as the lease has the standard, Texas Association of Realtors, lien-holder clause to seize personal property. The whole exercise adds up to about $8K and I have security and utility deposits of $875, so net $6K less security deposit = $5,125 and a likely $2K in costs to seize property.
I've got the tags of five items: They are his three vehicles, a utility trailer and a travel trailer ("TT") and would like to swoop and seize all at once. I am in the research and planning phase and also shopping for a capable but cost effective TX attorney and have an excellent and knowledgeable Repo man lined up.
In TX, a travel trailer is treated as a motor vehicle. Values are estimated as: Car $2K, two pickups $1K each, TT $2-3K total $7K
Further Information:
1. Pickup #2 and his utility trailer are used for his contractor business. He has no LLC.
2. He and his Girlfriend reside in the Travel Trailer (TT). The TT has an out-of-state tag on it which is registered to a completely different TT and apparently not registered since 2008.
3. The car is free and clear in his name
4. Running the tag of the pickup #1, it shows ownership in somebody else's name. I believe he owns it though but never changed ownership. Just before moving from the property, he recently changed the tag to an EXPIRED TX temporary tag in his name. I have photos of both.
5. The second pickup is in his name, and has no finance
Operation: Ideally I want to swoop on four of the five items at once while he is away at a job in one of the trucks (the fifth item). Why? Since he is cunning and transient he may well move again and if I can find him I do not want a do-over! The car will likely be at the girlfriends workplace (which I am checking), and the Travel Trailer and utility trailer are likely at wherever the new address is (yes I know, good luck finding him)
Questions:
1. Assuming that if I can get the VIN of the trailer this be sufficient for a lien if it is in his name? Or could the Sheriff or Constable seize it is it has a dodgy tag (would like to execute everything in one swoop)?
2. Assuming Texas law personal property exemptions? Does this apply to the vehicles?
I'm confident I can probably put a lien on the car and maybe the trailer and the first pickup - but the problem is the first pickup is not in his name
Any insights appreciated.
I have a Texas JP Court Judgment against a Tenant in the amount of $4k for Rent, Attorney Fees and Court Costs, allowing me to gain possession to my property once I apply for and get a writ of possession. The order grants me "...any and all writs of execution necessary to enforce this judgement"
The tenant, who lives in his Travel Trailer with his Girlfriend has now departed.
There is another $2K also owed, for damages to clean up the property, non payment of utilities and penalties etc., and likely another $2k for attorney and repo. fees. I have not gone to court for the damages for the extra $2K as the lease has the standard, Texas Association of Realtors, lien-holder clause to seize personal property. The whole exercise adds up to about $8K and I have security and utility deposits of $875, so net $6K less security deposit = $5,125 and a likely $2K in costs to seize property.
I've got the tags of five items: They are his three vehicles, a utility trailer and a travel trailer ("TT") and would like to swoop and seize all at once. I am in the research and planning phase and also shopping for a capable but cost effective TX attorney and have an excellent and knowledgeable Repo man lined up.
In TX, a travel trailer is treated as a motor vehicle. Values are estimated as: Car $2K, two pickups $1K each, TT $2-3K total $7K
Further Information:
1. Pickup #2 and his utility trailer are used for his contractor business. He has no LLC.
2. He and his Girlfriend reside in the Travel Trailer (TT). The TT has an out-of-state tag on it which is registered to a completely different TT and apparently not registered since 2008.
3. The car is free and clear in his name
4. Running the tag of the pickup #1, it shows ownership in somebody else's name. I believe he owns it though but never changed ownership. Just before moving from the property, he recently changed the tag to an EXPIRED TX temporary tag in his name. I have photos of both.
5. The second pickup is in his name, and has no finance
Operation: Ideally I want to swoop on four of the five items at once while he is away at a job in one of the trucks (the fifth item). Why? Since he is cunning and transient he may well move again and if I can find him I do not want a do-over! The car will likely be at the girlfriends workplace (which I am checking), and the Travel Trailer and utility trailer are likely at wherever the new address is (yes I know, good luck finding him)
Questions:
1. Assuming that if I can get the VIN of the trailer this be sufficient for a lien if it is in his name? Or could the Sheriff or Constable seize it is it has a dodgy tag (would like to execute everything in one swoop)?
2. Assuming Texas law personal property exemptions? Does this apply to the vehicles?
I'm confident I can probably put a lien on the car and maybe the trailer and the first pickup - but the problem is the first pickup is not in his name
Any insights appreciated.
Garnishment and Execution: Can You Seize Somebody's Car to Satisfy a Judgment
Aucun commentaire:
Enregistrer un commentaire