A
aray75633
Guest
What is the name of your state?Texas I recently won a judgement against a motorcycle repair shop in small claims. They didn't pay so I filed the abstract of judgement. Still nothing after the next 30 days so I talked with the local constable about filing the writ of execution. The constable went to the business to enfofce the writ & was informed the business had filed ch. 13. He tells me he can't enforce the writ because of this. I have obtained a copy of his bankruptcy papers and found out he had filed in 2002, & I am not included in his plan anywhere. I contacted his trustee's office & got no help. I didn't actually file the writ of execution because the constable said he would let the business know and see if he could get a response without costing me the $105. I have been told I may be able to file a writ of garnishment on his bank. My questions are, 1.Can a writ of execution be enforced on the business during ch. 13 since I am not included in the agreement? 2. Can I file a writ of gitarnishment on his bank? 3. Part of his ch. 13 agreement is not to obtain any more debts. Is this not breaking his agreement? 4. What are my options? 5. Is there anything else legal I can try or do I just have to wait for his ch. 13 plan to end to be able to enforce anything? Any information will be greatly appreciated and used if helpful. I just want this guy to give back the $1,300 I paid him for a topend overhaul on my Harley Davidson 83 Wide Glide, which lasted under 800 miles before clompetly destroying the entire engine.
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