All Forum Posts by: Joe Delia

Thank you for the advice, $3500 is the amount. Letting it go will not be an option for me.

I do have a judgement. From reading, there is an exception:

If you have moved to Texas from another state where a judgment was entered, there is a possibility of garnishment, especially where you transferred and are still working for the same employer.

I found that online. Thoughts?

So, in TX, you guys don't collect judgements essentially? My understanding was TX was business friendly so this shocks me.

Joe,

Bad news – Texas has a law that I was not aware of that prohibits wage garnishments. Please see the attached.

I’ve done a little research, and this seems to be a bad law, or at least a bad interpretation of Texas law, since this is an Ohio judgment and the US Constitution requires each state to honor other states’ judgments and court orders.

Still, in order to start arguing with Nordstrom (and eventually Sephora) over their application of the Texas law, I would have to start charging you hourly – and I’m not sure that effort is worthwhile.

The cheaper way to go is to send a subpoena to Nordstrom and Sephora and require those employers to tell us what bank they are depositing Beth and Clancy’s paychecks into. (This assumes they use direct deposit.) Once money is in a bank, it’s no longer “wages” and even under Texas’s bad law, can be seized to pay a judgment.

There will be additional court costs associated with the bank-subpoena route – but again, it will be less than fighting the wage garnishment issue. And as court costs, they will get reimbursed by the former tenants once money comes in (if it ever does).

Shall I proceed with the subpoenas?

Any suggestions here people? Especially you TX landlords?

Not only is a doable its being done already.

I think we'll start to see a trend where the MLS around the country will start to cut these services off. It makes no sense to the agents to have these websites. I have to go to three different sites and pay to have my listing featured?

I've used smart move numerous times, never had a problem, seemed pretty straight forward.

Say what you want, lending at 3-5% with that risk, you're an idiot. Or if jake wants to frame it as naive, thats fine too.

Either way, you don't know what you're doing or understand the risk you're taking on.

No one "Doesn't believe it's possible", it's only that we don't focus on trying to find people who are clueless about the risk they're taking on. My business relationships focus around creating win/wins for people, giving them 3-5% on flips is not a win/win in my eyes. Run your business however you want and save the preaching for somewhere else.

whoever is lending you private money for 3-5% is an idiot

Welcome Jeff! Hope to see you at some of the REIAs

No, who created the "boilerplate" contract realtors use?

Could it be the lawyers from their state association? Therefore, it's tried and true?

Your second paragraph makes no sense.

Who created that contract?

5 for 5 means nothing. Everything works till its tested.