I went to court yesterday on a motion the debtor filed to change venue on a fictitious claim of probate on her property. There's a lot involved that would probably bore most of you so I won't go into the details but, we were a little concerned our judge may be getting tired of her bs and allow change of venue to take place even though her time has passed to request change of venue.
He ruled in my favor to deny her motion. I also, in response, filed a motion for a Summary Judgment to declare her property non-homestead.
A little background.
I won my lawsuit back in Feb 2013. The defendant then files a request for a probate hearing in another county to declare her property a homestead In May 2013, after the judgment was signed by the judge in March 2013. The property in question is valued at over $300,000.00. Less than 1/3 the judgment awarded me. She has other property overseas and three Dutche bank accts, Germany, Switzerland and Turkey, where she is from, but it's much harder to gain access to those. After the judgment, she rented out the Condo she owns in Germany, making it extremely difficult and costly to obtain a turnover for that property.
Being she is pulling all this mess after the judgment ruling, she has been forcing me to chase her tail to cough up the money. To make a long story shorter, I desided to go after state side property..
Back to the hearing yesterday, the judge denied her request for change of venue because she was unable to show just cause and the law states that any court in the state of Texas can attain venue under these circumstances. Basically, she screwed herself.
Also, We weren't sure if this judge would be willing to rule on my motion for a Summary Judgment to declare her stateside property as non-exempt. Had he said he didn't want to rule on it, we would be going to trial in Sept., but since he desided to do the ruling, we are waiting to hear what his ruling will be. We are optomistic he will rule in our favor. If he does, I take possession of her non-exempt property. If he rules against our request, we appeal it based on the T. R. &C. P..
The judge, yesterday said he wants to review the document and he will make his ruling that evening and court will contact us with the judges ruling.
I need all the prayers I can get! This has been a long time coming. I've been waiting for this ruling for 4 years!