Child Support Judgment Lien

[haegrrl]

Texas

Yes, the non-custodial parent has a judgment lien against him. However, he has just sold his home within the last 45 days and it was not caught. What can be done now?

Thanx

 

[bulldogg70]

Texas

Yes, the non-custodial parent has a judgment lien against him. However, he has just sold his home within the last 45 days and it was not caught. What can be done now?

Thanx

It was not caught because you did not go file with the recorders office. File a motion to show cause, that is this person has money.

 

[JETX]

It was not caught because you did not go file with the recorders office. File a motion to show cause, that is this person has money.

Sorry, but not correct.
First, there is nothing in the original post that was "not filed" with the recorders office.... unless you were confused and thought the OP had an 'Abstract of Judgment'.
Second, Texas has a 'county clerk' system, not recorders.
Third, Texas has a VERY liberal homestead protection (100% in fact). In addition, any proceeds from the sale of a homestead is exempt from judgment seizure for 6 months after the sale.
Fourth, there is no such thing as a 'Motion to Show Cause' being applicable in this case.

 

[JETX]

Yes, the non-custodial parent has a judgment lien against him. However, he has just sold his home within the last 45 days and it was not caught. What can be done now?

If by 'now', you mean as a result of the sale of the home, nothing. Texas Property Code (41.001.c) protects the proceeds of the sale of his home for 6 months from the date of sale. And if he buys another homestead with the proceeds, it will also be exempt.
Your only real actions are to proceed with the 'normal' process of enforcing a Texas judgment.

 

[nextwife]

Bullgogg70, just an FYI on the presumption that just because a person has sold a property they have money or made money. Because so many poeple have "tapped out" their equity before they sell, I have seen many RE sales in which the seller had to bring money to closing or ended up with minimal proceeds. Sometimes a large lien on property is never paid off because the equity isn't there to pay it when sold so people end up letting the house go into foreclosure, at which point the lien is wiped out..

 

[haegrrl]

Originally Posted by haegrrl

Thank you so much for your reply. I went to meet with the Child Support division today and they are trying to find out why the sale of the home was not caught. The motion for the lien was filed in June of this year. But maybe nothing was done because of the prpoerty was a homestead. I didn't realize that. That sucks! And of course all of his bank account and other assets are all in his wife's name only.

I will get my $26,000 sooner or later.
Thanx