Q: How can I collect on small claims court cases I have won? I have filed the abstract of judgment, and it still seems there is no real power to collect on these rulings unless I find where the person in question banks and then file for garnishment of wages? Please help! -Jason ("marketing director"/photographer)

A: Unfortunately, it can be difficult to collect after a judgment is handed out. In Texas, for example, a good bit of personal property is exempt and thus, cannot be taken to satisfy a judgment. In many cases, however, the person you sued will end up paying. This is because most people tend to pay their debts vs. living with the consequences, and because getting more credit becomes difficult and expensive. 

If you are not paid, however, you can garnish money in a bank account if you know where the person in question has an account. If you ever gave a person a check, look on the back to see where it was deposited and work backwards from there. You can do a little detective work or hire a PI to assist you.

Also, although there is no wage garnishment in Texas, you can garnish money owed if the person is known to be self-employed. Remember, your judgment will also remain on his credit report until it is settled. This is typically enough to ensure you are taken care of.

No. Texas law states that a merchant, with the exception of a government agency, may not charge a customer more if the customer uses a debit card instead of cash. Of course, the law doesn't require that merchants take credit cards, but once they do they may not charge you more on average. I suggest you let the store manager know that he didn't have the right to charge you the extra 5%, and that if he doesn't refund it, you will take the store in question to court if needed. Charing this illegal extra amount on a card also violates a basic tenant of Deceptive Trade Practice Act, and you could be entitled to at least double the amount paid. You also may want to let the attorney general's office know if you notice this practice.

You cannot go to jail for failure to pay a court judgment. Under Texas law, a debtor has certain protections. If you own or are buying your home, if cannot be taken away to pay a judgment, unless the judgment is for taxes, the mortgage on the home, or for a home-improvement loan on the home. This is the homestead law. 

A certain kind of property is not merely owned, but rather is held under some sort of document or written indicator of ownership, called "title". This includes real estate, motor vehicles, boats and trailers; bank accounts, stocks, and bonds. In such cases, ownership after divorce is not complete until title has been property transferred or otherwise dealt with.

As with every other part of your divorce, it is always much easier if your spouse will co-operate with you. If this is not possible, you can usually accomplish your goal some other way, but not always. If your spouse is not co-operative, then getting title is merely the first step - you still have to get possession. In some cases it means a lot to have possession first, as with bank accounts that could be spent while you are waiting around to get title. If you cannot get possession in any peaceful way, you may have to seek the help of a divorce attorney or give it up.

The procedure of the Supreme Court is similar to that of the lower appellate courts. Although the Supreme Court may hear appeals either on application for writ of error or by writ of certiorari, most of the Court's appeals originate by application for writ of error.

As with other appeals, a writ of error points out a legal flaw in the proceeding in the trial court or in the decision of the lower appellate court. The application for writ of error makes specific reference to a portion or portions of the record in which the error or errors were committed. A brief usually accompanies the application. Seldom are the parties allowed or required to argue orally in support of the application. Both the brief and the application for writ of error or certiorari must be in the form prescribed by the Court.

Only one out of every six or seven applications for a writ is granted. It takes the concurrence of at least three justices before a writ of error will be granted. Even if there is an error in the record, it must be a material error before the lower court's judgment will be overturned. For example, if the defendant's attorney referred to the plaintiff as an incorrigible criminal in jury argument in the trial court, this would constitute an error. But if the trial judge had instructed the jury to disregard the defense attorney's remark, the Supreme Court might well determine that the error did not influence the jury's decision and therefore was "harmless".

Composition of the Court: Like the Supreme Court of the United States, the Texas Supreme Court is composed of one Chief Justice and eight Associate Justices. It usually takes five justices to constitute a quorum and five concurring justices to render a decision. In some circumstances, however, the court may sit in sections to hear argument and consider other matters.

When it comes to post dated checks, don't give one. It is not illegal to do so, but it is unwise. Banks hate them. Problems occur when the check is deposited too early. Either it bounces because your account is empty, or it causes of their checks to bounce because you weren't expecting it to be deposited. You are stuck with charges either way.

True story:  Joe has some really terrific stereo equipment, but he would like to upgrade. A local stereo store advertises the very component he wants it a special sales price. It will take all of his spare cash, but it's worth it. Joe goes to the store, talk to the sales man, and examines the advertised component. Joe gets into a technical discussion with the salesman. Details the salesman what results he expects, using the new component. The salesman says that Joe will be disappointed with that particular component because it won't do what you want. What you really needs is a different component it costs more it is not on sale (naturally).

Joe is very disappointed. He really wanted to upgrade his equipment. He already told all of his friends how he was going to sound. Now you'll have to confess he was wrong about the advertised component. The salesman offers Joe a really good deal on the more expensive component. Joe hesitates....

It still costs more than the advertised component, but it is a good deal, in his stereo will sound great. In short, talks himself into it. As he is carrying a box component to his car, he has second thoughts. What will he eat for the next month? He spent all this food money plus all the spare cash on this component. Commonsense reassert itself, and Joe realizes that he has made a mistake. He turns around and returned to the store with the unopened box in his arms. It has been almost 1 minute since he paid for the component.

Joe asked for his money back, explaining his problem. To this order, and yes your points to sign on the cash register that says "no refunds". It also says that on his receipt. They will exchange the merchandise for something else, but he can't have his money back. Unfortunately, Joe will have to get his nourishment from great sounding music for the next month. The store does not have to get a refund, since the merchandise was not defective. More true legal stories>>

Do not confuse a collection agency with a credit-reporting agency. A collection agency is a private company which may be hired by a credit toward to collect money from you. Sometimes a single company may be both a collection agency and a credit reporting agency.

Collection agencies will contact you by phone and by mail, repeatedly if necessary, to try and get you to pay what you owe. There are laws regulating what kind of contract is allowed. Once the debt is at the collection agency, you must deal with the agency. It is usually too late to make a deal with the merchant. Most collection agencies want the full amount now.

If they agreed to installments, it will almost always be three or four large ones. Sometimes they may be willing to settle for less than the full amount if you can pay the entire settlement at once. Be sure to get such an agreement in writing and let a lawyer look over it.

Do not let a collector keep you on the phone wasting both your time in his or hers. If you can't pay, say so impolitely hang up. For further information on what collectors can do and can't do consult with a lawyer.

Special notice: If you have any doubts about the actions of a creditor, contact the Texas Attorney General's Office for Consumer Affairs.

To return to the United States you must pass through U.S. Customs. If you are a U.S. citizen, you are not required to have a passport, but you should carry with you some form of photo identification. Special note: If you are a permanent-resident alien be prepared to show your permanent-resident visa.

If you are a nonresident you must present a valid passport with a valid visa. If you are on a student visa, you must show a valid I-20 form showing enrollment in your college or university.  Failure to do so may cause reentry into the United States to be denied. Duty free items you may bring back include on hundred cigars and two hundred cigarettes, if not made in Cuba. You may bring back $400 worth of goods not on the prohibited list.

When it comes to real estate, utilities can be interrupted in two ways, and the solution to the problem is different in each case.

1.  When you pay utilities: The landlord cannot interrupt the utilities except for repairs, construction or an emergency. If the landlord violates this, you may terminate the lease and recover from the landlord actual damages, one month's rent or $500, whichever is greater, and reasonable attorney's fees and court costs, less and delinquent rents. 

2.  When the landlord pays utilities: If you get a notice from the utilities company that the utility will be cut off for nonpayment by the landlord, you can:

a) Pay the utility company and deduct from your rent the amount paid. Be sure to provide a receipt for this to the landlord.

b) Terminate the lease with written notice within 30 days of when you get notice from the utility of a future cutoff or actual cutoff; you may deduct your security deposit from the rent and recover a pro rata refund or any advance rent.

c) Sue in court for actual damages including moving costs, reconnection fees, storage fees, and lost wages, along with court costs and attorney's fees.