Our client was a commercial finance company who loaned purchase money to a customer to obtain trucking and construction equipment but failed to make payments when due under the terms of the financing agreement. The customer also refused to surrender the collateral securing the agreement. We were able to successfully obtain a judicial foreclosure of the property along with a judgment for the deficiency remaining under the terms of the agreement after the sale of the property. We conducted post judgment discovery to determine the judgment defendant’s assets. The judgment defendant refused to cooperate despite a court order compelling him to do so. We were able to obtain a bench warrant to bring the judgment defendant to the courthouse to answer our questions in court arguing, in part, that under rule 215 of the Texas Rules of Civil Procedure, the judgment defendant’s refusal to comply with the court’s order was a contempt of court and the judgment defendant should be punished for contempt and jailed thereafter until he complies with the court’s order.
Murray L. Bristol
Latest posts by Murray L. Bristol (see all)
- Jury Trials are starting again in Texas. - June 24, 2020
- Lender to pay $10M for illegal collection practices - August 15, 2015