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Do I have a lawsuit?

Theo Huxtable
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Theo Huxtable

Theo Huxtable 48

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In 2009, a lawyer filed a lawsuit on my behalf in Travis County against my former employer, who owed me money. We sued both the company and the owner in small claims for $9,000. According to the lawyer (who I don't believe is dishonest), said the defendant didn't show up in court, so we won a default judgement, both against the company and the individual. However, the problem was an inability to recover any money, since they couldn't find any assets or he filed for bankruptcy maybe. So, I never actually got any money. I think the lawyer said that I'd have a permanent lien on the guy since it was a victory against him as an individual.

Anyway, I don't even think I have confirmation that the suit was followed...that I won...that the guy doesn't have assets...etc. How can I look it up? I see the guy lives nicely in California now and "runs" two companies...he started one and is CEO at another one. How do I get money from him? I do have a ORIGINAL PETITION FOR SUIT ON SWORN ACCOUNT & BREACH OF CONTRACT and a VERIFICATION FOR SUIT ON SWORN ACCOUNT, which both list me and the defendant. However, the NO. [______] is blank. So maybe these are the original docs or something.

I'm very clueless. What's up with this? Or how can I get some help? 

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TwiceHorn

TwiceHorn 31,539

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You will need to get a copy of the judgment from the small claims court.  Then you record a copy (abstract) of it as a lien in the county where it was rendered.  Then you will have to pay for the sheriff to do a writ of execution to keep the now 10 year old judgment non-dormant.  Then you hire a California lawyer to make the Texas judgment effective in California in the county where the guy is.  Then you can try to execute it against whatever assets he has there.

Talk to your original lawyer about it.

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Theo Huxtable

Theo Huxtable 48

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You will need to get a copy of the judgment from the small claims court.  Then you record a copy (abstract) of it as a lien in the county where it was rendered.  Then you will have to pay for the sheriff to do a writ of execution to keep the now 10 year old judgment non-dormant.  Then you hire a California lawyer to make the Texas judgment effective in California in the county where the guy is.  Then you can try to execute it against whatever assets he has there.
Talk to your original lawyer about it.


Sounds like a lot of work. Would I be chasing good money after bad?


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Fudge Nuggets

Fudge Nuggets 19,227

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11 hours ago, Theo Huxtable said:

 


Sounds like a lot of work. Would I be chasing good money after bad?


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Lawyers are involved... lots of them.  Of course you would be throwing good money after bad.  I would take up Gil Bang's offer if I were you since it will be a lot more rewarding.

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Theo Huxtable

Theo Huxtable 48

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I contacted the Travis Country small claims court, and they don't have any record of the suit based on my name (I don't know the case number). So, I'm thinking maybe the lawyer never even filed out?? If not, can I still file it if it was 2009? However, I do have a copy from the lawyer of a report from a collections investigative agency that the lawyer hired to look into the dude's assets. So he did that step, which leads me to believe he didn't fake file the suit.

For the record: I want to pursue this again mainly out of principle. I see the guy posting on social media showing how smug and happy he is...enjoying the California beaches and surfing...and even charging companies to have him speak at their corporate events about how to run a successful business (despite him being a fraud).

Edited by Theo Huxtable
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Theo Huxtable

Theo Huxtable 48

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Update to override the post above...

I contacted the Travis Country small claims court, and they don't have any record of the suit based on my name (I don't know the case number). That would lead me to believe the lawyer never actually filed anything. However, I do have a copy of a report from a company he hired that specializes in investigations for collections. So, the lawyer did that step, which makes it hard to believe he didn't file the actual suit. 

Here is the latest email the lawyer sent me years ago:

Hey [THEO HUXTABALE]- wanted to give you an update- there is good and bad news. The good news is that I have your abstract of judgment from the county. We will file this in Austin and anywhere else in the country we think [JERK BOSS] may have property. Also, I have the certified copies of your judgment that I need to collect on the judgment. The bad news is that the asset search company I hired to locate [JERK BOSS] assets hasn't really found anything. He has his house - worth $500k+, but it is protected as a homestead. They were unable to locate any property owned in California, where he previously owned property. They also found no bank accounts in his name in Texas. He does own a 23 foot 2006 Malibu ski boat that may have some value and may not be protected, so we might be able to go after that. However, he and his wife have a $53k IRS lien. IRS liens are superior to any other judgments or liens, and would have to get paid first, generally. I will get back with you in a few days with a proposed plan of action from this point.
 

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TwiceHorn

TwiceHorn 31,539

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42 minutes ago, Theo Huxtable said:

Update to override the post above...

I contacted the Travis Country small claims court, and they don't have any record of the suit based on my name (I don't know the case number). That would lead me to believe the lawyer never actually filed anything. However, I do have a copy of a report from a company he hired that specializes in investigations for collections. So, the lawyer did that step, which makes it hard to believe he didn't file the actual suit. 

Here is the latest email the lawyer sent me years ago:

Hey [THEO HUXTABALE]- wanted to give you an update- there is good and bad news. The good news is that I have your abstract of judgment from the county. We will file this in Austin and anywhere else in the country we think [JERK BOSS] may have property. Also, I have the certified copies of your judgment that I need to collect on the judgment. The bad news is that the asset search company I hired to locate [JERK BOSS] assets hasn't really found anything. He has his house - worth $500k+, but it is protected as a homestead. They were unable to locate any property owned in California, where he previously owned property. They also found no bank accounts in his name in Texas. He does own a 23 foot 2006 Malibu ski boat that may have some value and may not be protected, so we might be able to go after that. However, he and his wife have a $53k IRS lien. IRS liens are superior to any other judgments or liens, and would have to get paid first, generally. I will get back with you in a few days with a proposed plan of action from this point.
 

I was going to suggest that he might have done the abstracting part.  He's making the right noises there.

But to go after the guy in Cali is going to take some doing and I don't know what kind of exemptions California has, although, being a Spanish-origin state, they are likely strong like Texas' and Floriduh's.

The inability to find your suit is somewhat disturbing.  But there are five JP/Small claims courts in Travis County.

Any new suit is barred by the first one if there was one, or by the statute of limitations if there wasn't.

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TwiceHorn

TwiceHorn 31,539

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4 minutes ago, TXSooner518 said:

What would be the point of filing the abstract in Travis Co if the guy doesn't own property in Travis Co?  It doesn't keep the j/m alive, and it only creates a lien on property in Trav Co.

I believe, but I could be mistaken, that the judgment is supposed to be abstracted in the county of judgment before it is abstracted elsewhere, particularly if it is to be enforced in foreign jurisdictions. In the event, it is a very common practice even when it is known that there are no executable assets in the county of judgment.

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TXSooner518

TXSooner518 2,438

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7 minutes ago, TwiceHorn said:

I believe, but I could be mistaken, that the judgment is supposed to be abstracted in the county of judgment before it is abstracted elsewhere, particularly if it is to be enforced in foreign jurisdictions. In the event, it is a very common practice even when it is known that there are no executable assets in the county of judgment.

Sure, gotta earn that fee haha. Don't see that requirement in the Prop Code, CPRC, TRCP, or elsewhere though.

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Helobious

Helobious 9,466

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Stop looking at this guy’s social media accounts, light your copy of the original petition for suit on fire, and move on with your life. You’ve gotten through the past 10 years without that $9,000, I imagine you can get through the next 10 just as well without it too. 

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TwiceHorn

TwiceHorn 31,539

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1 hour ago, Helobious said:

Stop looking at this guy’s social media accounts, light your copy of the original petition for suit on fire, and move on with your life. You’ve gotten through the past 10 years without that $9,000, I imagine you can get through the next 10 just as well without it too. 

This is probably good advice.

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Theo Huxtable

Theo Huxtable 48

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So in the end, this guy faced absolutely no repercussions? He loses a lawsuit for owing money and nothing happens? What the fuck system is that? It didn’t even mess with his credit score? They can’t go repo his damn couch and give me $10 from it?


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TwiceHorn

TwiceHorn 31,539

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56 minutes ago, Theo Huxtable said:

So in the end, this guy faced absolutely no repercussions? He loses a lawsuit for owing money and nothing happens? What the fuck system is that? It didn’t even mess with his credit score? They can’t go repo his damn couch and give me $10 from it?


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Winning a lawsuit and collecting it are entirely different things.  It sounds as though you had what was, in my opinion, the most effective means of executing a smaller judgment and that's bank account information.  A writ of garnishment, served on his bank(s) will freeze all his bank accounts and give you their contents.  Better still, all his outstanding checks and debits will "bounce" for several weeks, giving him strong motivation to hand over the money, or most of it.

With the exception of garnishment, it sounds as though your attorney was diligent in all other respects.

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South Austin

South Austin 52,620

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11 hours ago, TwiceHorn said:

Winning a lawsuit and collecting it are entirely different things.  It sounds as though you had what was, in my opinion, the most effective means of executing a smaller judgment and that's bank account information.  A writ of garnishment, served on his bank(s) will freeze all his bank accounts and give you their contents.  Better still, all his outstanding checks and debits will "bounce" for several weeks, giving him strong motivation to hand over the money, or most of it.

With the exception of garnishment, it sounds as though your attorney was diligent in all other respects.

Oh, I can’t have my wages garnisheed.

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RDCanecutter

RDCanecutter 26,475

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If it's any consolation to the OP, this guy's "success" on social media is probably about as real as Cinderella's Castle at Disneyworld. He's probably still scamming somebody else, and will eventually get prosecuted for bigger things, or robbed and left alone in the corner of the nursing home by his 4th trophy wife and any nose-candy children.

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Cheeseweasel

Cheeseweasel 26,438

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Just now, RDCanecutter said:

If it's any consolation to the OP, this guy's "success" on social media is probably about as real as Cinderella's Castle at Disneyworld. He's probably still scamming somebody else, and will eventually get prosecuted for bigger things, or robbed and left alone in the corner of the nursing home by his 4th trophy wife and any nose-candy children.

Or run for Governor of Alabama.

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Dahobbs

Dahobbs 17,685

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3 hours ago, Fudge Nuggets said:

I hope OP didn't pay his original lawyer because it seems that guy sucks.

Seemed like he did everything right (assuming the suit was actually filed). Sometimes you just can't collect assets from someone. (1) assets exempt (2) completed bankruptcy discharges debt. Honestly, I'm surprised he found a lawyer willing to work on such a small matter. That said, if it was an employer who owed you wages, the easiest thing would have been filing with the Texas Workforce Commission. 

14 hours ago, Theo Huxtable said:

So in the end, this guy faced absolutely no repercussions? He loses a lawsuit for owing money and nothing happens? What the fuck system is that? It didn’t even mess with his credit score? They can’t go repo his damn couch and give me $10 from it?


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If he filed bankruptcy, his credit was definitely impacted. Should be easy enough for you look up and confirm he filed bankruptcy. 

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TwiceHorn

TwiceHorn 31,539

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8 minutes ago, Dahobbs said:

Seemed like he did everything right (assuming the suit was actually filed). Sometimes you just can't collect assets from someone. (1) assets exempt (2) completed bankruptcy discharges debt. Honestly, I'm surprised he found a lawyer willing to work on such a small matter. That said, if it was an employer who owed you wages, the easiest thing would have been filing with the Texas Workforce Commission. 

If he filed bankruptcy, his credit was definitely impacted. Should be easy enough for you look up and confirm he filed bankruptcy. 

All good points. especially TWC.

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Theo Huxtable

Theo Huxtable 48

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Not sure how to search for his bankruptcy. Regardless though, how about I find a lawyer to let me use their letterhead and just mail the guy a threatening letter with some legal BS, like "we will be filing a lien in your local California court..." or some shit like that? Something to try to get him to settle and send me some money?

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RDCanecutter

RDCanecutter 26,475

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8 hours ago, Cheeseweasel said:

Or run for Governor of Alabama.

OP, use Roy Moore as your vengeful angel.

Find one of Roy Moore's Beg-a-Dollar sites. Send 2 dollars cash in your tormenter's name. Maybe send 57 cents to the Westboro Baptist Church, also in his name. Find some vengeful forum (eg, Surly) where you post pompous shit that irritates the inhabitants, and tell enough about yourself that the neckbeards dox you, except the details lead them to your dude.

DON'T SWAT him. But if you get him connected to enough fruitloop groups, maybe it will provide you with personal amusement.

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Bevo

Bevo 13,601

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11 hours ago, RDCanecutter said:

If it's any consolation to the OP, this guy's "success" on social media is probably about as real as Cinderella's Castle at Disneyworld. He's probably still scamming somebody else, and will eventually get prosecuted for bigger things, or robbed and left alone in the corner of the nursing home by his 4th trophy wife and any nose-candy children.

Yeah, his story sounds vaguely familiar. What were the names of the friends of John Mackovic's son? I forgot the whole saga of their get rich fast scheme.

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Handcruser

Handcruser 2,805

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Find out where he is speaking and stand up in the middle of it and ask for your money.

Then do it again at another event.

Maybe he will pay. But really we just want to see you do it.

You can also put him on blast. We’ll get him.


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RDCanecutter

RDCanecutter 26,475

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19 hours ago, Handcruser said:

Find out where he is speaking and stand up in the middle of it and ask for your money.

Then do it again at another event.

Maybe he will pay. But really we just want to see you do it.

You can also put him on blast. We’ll get him.


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And also find out who plans to have him speak in the future. Then contact them with your settlement and ask innocently if they could give part of his check to you. They won't, of course, but your true goal is to rub some stank on him, if only 1 in 10 places start turning him down, then like Khan said, "I have HURT you, Kirk, and I want to go ON hurting you."

STII-Wrath-Of-Khan-scrn-21.jpg

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Chewbacca

Chewbacca 7,787

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3 hours ago, Theo Huxtable said:

So are we ruling out my idea to send him some sort of threatening leader with a lawyer's letterhead? 

Are you really going after someone who is likely judgment proof and/or isn't going to pay you even if he has assets?  Unless you can locate some of his assets (bank accounts, real estate), good luck with that.

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