I want to sue a former roommate in Small Claims Court, but she insists that a judgment against her will be meaningless. In other words, no one can force her to pay. Can the court require that the judgment be withheld from her paycheck? I live in Texas.
2007-04-08 10:44:50 · 5 answers · asked by Jeanne 1 in Business & Finance ➔ Personal Finance
No matter which court you file in - there is no wage garnishment in Texas.
You may be able to file a lien against her property, which if she sells, you get paid. (what property depends on Texas exemption statutes)
It would be a waiting game though.
I'm not sure, at this point, on small claims court judgments, but civil judgments last for 10 years and are renewable.
Civil courts are quite a bit more expensive to file in than small claims. Though, IF you win, you can request that she be liable for your court fees - in both a civil case and small claims.
If you have an "allowable" lien against her property, from a civil judgment, and she does not sell within the 10 year period, you would have to renew the judgment and lien "before" the 10 year period expires - more money from your pocket.
And, you may have to continue waiting.
You might research Texas statutes on small claims and also the exemption statutes.
As far as lawyers, small claims courts in most/all states do not allow lawyers in the courtroom. If you file in a civil court, unless you are well versed in Texas court statutes, you would be better off hiring a lawyer.
2007-04-08 11:12:57 · answer #1 · answered by echo 7 · 0⤊ 1⤋
You can take her to small claims and get a judgment against her. This is likely to cost about $100 or so. If you win, she will owe you the money plus that $100 or so it cost to file.
If she does not pay in a reasonable time, you can inform the court and they will place a judgment on her credit record. So while you may not get your money back you will have the satisfaction of knowing that if she buys a car, a house, gets a credit card, cell phone, insurance, rent, or anything else, they will consider her a higher risk and charge her more money accordingly.
In the state where I live I'm pretty sure you can get a garnishment too, but this may not be possible where you live.
2007-04-08 12:15:13 · answer #2 · answered by ZCT 7 · 0⤊ 0⤋
Unfortunately a small claims court judgement only says that she would owe the money. They do not enforce payment or collection. She's right. You CAN sue in a civil suit which would then enforce through wage garnishment if need be; however, you will both need lawyers and it'll take more time and money than either of you really want to invest. She wouldn't even need to show up at court and you'd automatically win the judgement in small claims court meaning you'd have lost your filing fee and time off work.
2007-04-08 10:51:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you think it is worth the effort, take her to small claims and get a judgment for the debt. You will not get your money, but it will be on her credit record until it is paid off. If she doesn't care, it will not make any difference. HEY, take it to Judge Judy or some other TV venue. I understand each party gets paid for appearing, and you could get satisfaction that way! Just a thought, I might need another beer though. :)
2007-04-08 11:40:07 · answer #4 · answered by Blitzpup 5 · 1⤊ 0⤋
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2016-10-21 09:13:57 · answer #5 · answered by ? 4 · 0⤊ 0⤋