Whether you are a plaintiff, defendant, or just a witness who received a subpoena to testify in the mail, a deposition is serious business. You may be wondering, can I refuse to give a deposition in Texas? The answer is yes, but under the risk of contempt of court. The Texas Rules of Civil Procedure,
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Like many other states and the United States federal courts, the State of Texas has a three-tiered court system. In the Texas court structure, there are district/county courts, appeals courts, and a state supreme court. Specifically, at the appellate level (the middle level), there are fourteen separate courts of appeals with jurisdiction over both civil
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Texas state laws provide for another avenue to obtain money or valuable property to satisfy a judgment that the defendant/debtor is trying to avoid paying, and that is through the professional efforts of a court-appointed receiver. Under Section 31.002 of the Texas Civil Practice and Remedies Code, a judgment creditor may “obtain satisfaction on [a]
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Oftentimes for our clients, being awarded a judgment against a debtor is winning the battle with the war still ahead. This can understandably be infuriating for a client who knows the defendant owes them money, who had to go to court to have a judge agree that the defendant owes them money, and who still
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There are many general contractors in the State of Texas, a result of people here being entrepreneurial, handy, and not having to be bonded as in some other states. Can a Contractor Withhold Payment to a Subcontractor? Although it isn’t legal, it is certainly possible that a general contractor will withhold payment from one or
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Fans of legal television dramas may be all too familiar with such popularized criminal law terminology as a defendant needing to “make bail” to avoid remaining in jail because he or she is “flight risk.” The civil courts maintain a similar process in relation to personal property and real estate involved in actions for money
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Can a Judgment in One State Be Enforced in Another? A judgment in one state can be enforced in another state because decisions of a court in State A are given “full faith and credit” in State B under the United States Constitution and accompanying federal and state statutes. The need for enforcement of judgments
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If you’ve recently lost a judgment, your mind may be filled with questions and concerns like: “Is my property safe?” “Will I have a place to live?” “Will I have a car to get to work?” The answer is the State of Texas is generally “yes” to all of these questions, and with the help
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Imagine that you have a customer which has unpaid bills piling up. After trying to collect for six months, you have a veritable collection of bounced e-mails to go along with those bills. No one picks up the phone, and you are reminded of a scene from a movie where the phone is ringing somewhere
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The modern court system in the State of Texas provides many protections for judgment debtors. Navigating the post-judgment collection process can be overwhelming whether the judgment is from state court, the federal district court, or out-of-state. After countless demand letters go ignored, judgment creditors often must return to even more litigation in hopes of getting
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After an unsuccessful outcome in a court in the State of Texas, you may be wondering – can a judgment be appealed? The answer is yes, and with the help of a skilled attorney, you may discover that things are not quite as final as they seem. In a broad view, an appeal is a
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The modern court system in the State of Texas provides generous protections for judgment debtors, dating back to the state’s pioneer history where it once served as a safe haven from debtors seeking to escape the harsh judgments of courts “back east.” However, the protections of exempt property, codified in the Texas Constitution, and in
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