TDCAA Community
Execution on Cause of Action

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/3411014541

February 28, 2007, 17:15
Richard Gore
Execution on Cause of Action
An attorney has asked the Sheriff to levy execution on a judgment debtor's cause of action in a pending lawsuit. The judgment creditor was awarded back child support in a suit that was finally adjudicated several years ago. The judgment debtor is now a party in a separate suit and stands to gain a substantial award. Opining that the judgment debtor's claim in the present suit is a non-possessory asset, the judgment creditor wants the sheriff to execute on the cause of action and sell it at public auction. The judgment creditor's attorney states that this has been successfully done before but can't remember where or otherwise cite any authority to support this rather novel theory. Has anyone dealt with something like this before?
March 01, 2007, 13:10
A. Diamond
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