How do I collect on a court ruling in my favor?

Question

My car was improperly towed. I took the towing company to court and won the case by default. Next they appealed the ruling, and I won by default again. The company has been dragging this out as long as possible. Now it is time to collect the towing fees and court fees from them that they owe me. I have all the papers that state how much they owe me, and that I have won the case. Do you know how I can collect? Please help - this has been going on for over 4 months! Thank you

This is in the City of Houston, TX

Answer 1

There are various means of collecting a judgment; but they are often more complicated than obtaining the judgment in the first place. You can prepare a writ of execution to be signed by the clerk and delivered to the local sheriff (with a fee) to seize cash or assets (like their tow truck); or a writ of garnishment to be served on their bank. Some courts publish the forms & instructions. Some don't. If yours doesn't you may need the help of a lawyer.

Answer 2

I'm in California, but I'm sure Texas has a similar procedure.

You can obtain a writ of execution, and have the sheriff or marshal (whatever they're called in Texas) do a "till tap." A deputy will take all the cash and checks that are in the business' cash register. If it's not enough to satisfy the judgement, then the deputy will wait and take all the cash that the business' customers bring in.

If this is a tow company, then this option may work well. Tow companies usually have significant amounts of cash on the premises. A lot of people pay cash to get their cars out of impound.

Of course, before doing this, first ask the tow company to pay you.

Answer 3

First of all, it depends on the state in which the judgment was rendered, what you need to do.

In a lot of states, you need to "register" the judgment with the county clerk. That serves as a judgment lien on all the company's property.

Next, you can either garnish the company's bank account, or levy and execute on it's personal property. Companies generally are not granted exemptions from this process like individuals are, so there isn't a whole lot they can do once you start the process.

Make sure the time to appeal has run--normally 30 days after the judgment.

Also, the company may have posted a bond in order to do its initial appeal. If it did so, you can ask the court to forfeit the bond and it should pay the whole amount.

Be very careful with this process. These are extraordinary remedies under the law, and if you do them wrong, you can be liable for big damages.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

Ask the judge to issue a Contempt of Court citation against the owner. Hire the sheriff to impound and sell property owned by the towing service.