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Our civil deputy executed a writ of execution (possession) on some personalty in a divorce case. The items are in private storage,and the plaintiff has been notified. They have failed to show up and get the stuff. Under what circumstances, and how, can my SO get their costs, and the storage, reimbursed? I assume the stuff is worth selling. I ran WestLaw, and came up empty handed. The rules just say you execute the writ and place the plaintiff in possession. Does that mean my SO has to transport the stuff to Georgia where the P lives now?
 
Posts: 105 | Location: Marshall, Texas, Harrison | Registered: February 28, 2001Reply With QuoteReport This Post
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Here's a thought -- odds are good that the divorce lawyers are all owed attorneys fees. Seems very common. If you let the Plaintiff's lawyer know there are items sitting in the warehouse and the guy won't come get it, the attorney might be motivated to solve the problem in a way that gets their attorneys' fees paid. Whether the sheriff can get fees or not, look at the actual wording of the writ that was executed and the order that supports it.

I don't think there is any possibility that your deputy has to go to the state of Georgia.
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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