New Info on Porch Boy's Lawsuit

I know now that it will cost me more than the original $95 to file the lawsuit to get reimbursed by the owners of the Pit Bull -- assuming I win. The fact that they did not file an "answer" (where they get to put down in writing their side of the story) after being notified they were being sued, indicates that they won't show up at the trial. All I have to do then is present the facts and documentation (including photos) to prove what happened and I should get judgment in my favor. Hopefully the amount will cover the court costs -- but I doubt it will cover the additional fees that I must pay to try and get them to pay up.

Ten days after the judgment is rendered, it becomes "final" meaning there is no possibility of appeal and is enforceable for a period of ten (10) years. I can then pay $5 for an "Abstract of Judgment" to record at the County Clerk's office, which costs an additional $25. This puts a lien against any real property they own in Harris County. A judgment lien continues for 10 years following the date of recording and indexing the abstract. However, the house that they own can't be attached because they have it protected with a homestead exemption (I checked in the tax office records) and no other property is recorded in Harris County.

Thirty days after the judgment is rendered, I can file a "writ of execution" which will cost me another $80. This allows the Constable to contact the defendant and seize something they own (personal property as opposed to real property, which is land, house, etc.) that is worth the amount of the judgment. It is then sold at auction and the proceeds are given to me to satisfy the judgment. BUT, and there's a big, big BUT here. Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult.

Such personal property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy.

Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account.

In other words, I'm pretty much screwed if they don't own more than $60,000 worth of "stuff" so now I see why they have been thinking the best thing to do is simply ignore this and it will go away. The only thing that filing the "Abstract of Judgment" will do is show up on their credit report so they'll take a hit on their credit score until its removed and that might encourage them to pay it if they try to get a car loan or credit card and are denied, or because their interest rates are increased on existing credit. This will also affect their ability to refinance their home for the next 10 years. If they try to sell their house within the next 10 years, they will have to pay the judgment because the new owners won't be able to finance with the lien attachment.

But, if they stay put and don't try to get any new credit/loans in the next 10 years, then there is no reason for them to sweat the lien on their house. However, I think it would be worth the $30 extra cost to get this done. Just in case...

I'm not sure it would be worth the extra $80 for the writ of execution, though. I mean $60,000 worth of real property being exempt -- they probably don't have more than that. I know that they each drive a Honda (but they're not the newest models - probably only $30,000 value for both combined) and he has a motorcycle - maybe another $15k?- so they'd have to own a lot of nice electronics, plasma TV, or something along that line to get over the $60k exemption. And I'm not likely to be invited into their home to see what they have :--)

Of course, it would probably make them feel at least some emotional pain knowing that I'm out there doing all I can to make them be responsible for what that dog did. It still angers me that they had the County pick up the dog to be euthanized. They wouldn't even pay for that!

Comments, if anyone has read this entire posting, are encouraged. Should I pay the full $110 to get it all done? Or should I just pay $30 and get the abstract filed/recorded at the County Clerk's office to screw up their credit?