An Abstract of Judgment is a public record, filed after the judgment is made, which details the judgment of a court case. It identifies the losing defendant, also known as the judgment debtor and the winning plaintiff, also known as the judgment creditor. Most importantly, it creates a lien against non-exempt real property and is …
Month: October 2021
Texas Writs of Garnishment
Ideally, a debtor will pay what is owed when it is owed, especially when a court order mandates that payment. However, if the person does not repay that debt, the judgment creditor has a right to issue a writ of garnishment. An important means to ensuring that a debtor pays a debt, the writ of …
Texas Writs of Execution
If a debtor is found by the court to owe money to a creditor, the judgment debtor generally has thirty days to pay the debt. If at that time he or she has not repaid the debt, the judgment creditor has the right to obtain a Writ of Execution. As defined within Tex. R. Civ. …
The Fundamentals of Oil and Gas Leases in Texas
The oil and gas industry remains a staple of the Texas economy. Property owners who own mineral-rich land often lease the oil and gas rights to a company able to produce those resources. Property owners in turn benefit from a royalty interest in the oil and gas production from the producer (the lessee). The lease …
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Lifetime Trusts for Descendants
Even before children are born, parents worry about how best to care for them. Many forget though that one of the best ways to guarantee a family’s stability is through estate planning, which can provide for children and grandchildren beyond the parents’ lifetimes. For example, a trust offers financial stability to a minor child by …
The Attorney Ad Litem in Heirship Determinations
When someone dies intestate, without a will, the Texas Estates Code provides guidance about how to determine the heirs of that estate and how to divide the estate. In a previous article, we provided a general outline for determining heirship in Texas. This article focuses more fully on the role of an Attorney Ad Litem …
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Voidable Deeds
Deeds procured by fraudulent misrepresentation are voidable A voidable deed is one that can be set aside or reformed if necessary to correct a mistake. A fraudulent deed is also voidable. See Maeberry v. Gayle, 955 S.W.2d 875 (Tex. App.—Corpus Christi 1997, no writ) (rescission of deed obtained by fraud was warranted). However, the deed …
Void Deeds Fraud
Forged deeds are void ab initio Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however. If a …
Void and Voidable Deeds in Texas
Determining whether a deed is void or voidable is critical when determining the validity of the conveyance and the best procedure to challenge the instrument. A deed is defined as either void or voidable at the time that the deed is executed and delivered. A deed is a type of contract, and if a contract …
Request Which Seeks Assertions of Privilege
Texas Rules of Civil Procedure are in place to offer guidance about exactly what information is required and exactly how that information should be shared. While the expectation is that any requested information and evidence will be shared, in some situations, a party may assert a specific privilege, declining to share information as a result of that privilege. Tex. R. Civ. P. 193.3.