Dear Jeff: I am a resident of Oklahoma, and have an Oklahoma judgment against an East Texas resident. How do I go about collecting that judgment in Texas? Thanks, "Sooner or Later"
Dear "Sooner": The procedure is fairly simple. Your Oklahoma judgment needs to be certified and filed with the County Clerk of the Texas county in which the judgment debtor resides. Proof of the filing of the judgment must be given to the debtor either by you or by the clerk. Once that is done, the judgment is valid in Texas just as if it was issued here, and you can attempt collection.
Dear Jeff: My son was sentenced to prison in 2005. I have been told there is a "discovery packet" of the information used to support his conviction, but nobody seems to know anything about it. Who would I talk to to find out this information? Signed, "Trying to Help"
Dear "Trying to Help": The so-called "discovery packet" includes the evidence used to support either the plea bargain or the conviction of a defendant. It is usually shown to a defendant and his attorney either prior to a plea agreement being reached, or prior to trial. After sentencing, such as in your case, the information is not a part of the public record, and therefore cannot be easily seen. I would recommend talking to the district attorney's office, and see if you can examine what exactly the evidence was that was used against your son.
Jeffrey Bates is licensed to practice law in the State of Texas, but is not board certified in any area of specialty by the Texas Board of Legal Specialization. The column above is meant for general information and educational purposes only, and neither this column nor the transmittal of a legal question via regular mail or e-mail constitutes the creation of an attorney/client relationship between the reader and Jeffrey Bates and/or Cox Publishing. For specific advice regarding legal matters affecting you, please consult an attorney.
To submit a question to be answered in this column, please send it via e-mail to JeffreyPBates@aol.com, or via regular mail to Ask The Lawyer, 101 S. First St., Lufkin, Texas 75901.
