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SHOW ME THE MONEY Scire Facias Is Alive And Well In Texas – Part 2

| Jan 9, 2018 | Firm News

Last time, we discussed the what and how of a Writ of Scire Facias. This time we will discuss what to do if you receive such a writ and what happens next.

I Am The Defendant, What Do I Bring With Me To Court?

If you are a Defendant and you have been required to appear in Court as a result of a Scire Facias Writ, in essence, the burden has been shifted to you to show why you don’t have to make any further payments to the Plaintiff.

Accordingly, you, as the Defendant, should plan on bringing to Court the following:

1. Records of payment;

2. Proof that you owe nothing to the Plaintiff; and

3. Any additional evidence which would shift the burden of proof to the Plaintiff.

I Appeared Before The Court. I Attempted To Explain Why I Don’t Owe Anything To This Plaintiff, But The Court Ruled Against Me. What Happens Next?

If you, as the Defendant, are unable, or fail to defend your reason for not paying the amount owed, the Court can execute the original Judgment.

What Does It Mean If The Court Executes The Judgment Against Me?

In order to satisfy the Judgment, the Court can require you as the Defendant to:

1. Provide a financial status document;

2. Sell assets to earn money in order to satisfy the Judgment; and/or

3. Take any other steps to provide payment to the Plaintiff thus satisfying the Judgment.

Conclusion

In conclusion, a writ of scire facias can be a valuable tool for a Plaintiff’s attorney to keep a Judgment alive. As a Defendant, the writ enforces you to appear in Court, produce documentation as to why you don’t owe the debt. In addition, the Court can go to great lengths to make sure that the Judgment entered by the Court is taken seriously and the Defendant will have to exhaust all measures to secure that the payment has been made. 

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