Tuesday, January 29, 2013

Marriage Records Are Just a Few Clicks Away

No one can deny that the internet has become one of the most important tools in our busy lives. It allows us to have immediate access to information we, in the past, only could get by taking a trip to the library or stopping by government offices to get it. This comes in especially handy when looking to get marriage records. Now, with some basic information at hand, and following some easy steps, you can take advantage of the websites created for that purpose and from the comfort of your own home or office.

But why would you need a copy of any marriage record? This serves as a background check to see if the person you are requesting it about is currently married, has ever been married and to whom. Also, for genealogy purposes, marriage records are a good way to be sure to follow the accurate line of descent when creating your genealogic tree.

These sites offer many time saving advantages such as allowing you to consult all the information you need quickly and accurately instead of having to jump from office to office following directions from many different clerks and preventing you from standing in line for hours. Long monotonous trips from county to county or even from state to state searching for these public records is also a thing of the past. If the case comes that you need to go there personally, you will find the specific data on the sites of where it is you need to go saving you both time and money.

Getting your own (or someone else's) marriage records should not take that much time once you already have the basic information you need to provide. You will need to know the full name of the bride and the groom, the name of the county in which the marriage took place and also the date. Some websites provide this information free of charge, although other ones will charge you a fee depending on the paperwork and information you are asking for. Always remember to protect your own interests. Double check the credibility of the site you have selected before you give them any credit card or bank account information. So, think of the internet as a useful resource when looking up your marriage records in Maryland or, for that matter, any kind of public records. It is fast, easy and can save you a lot of trouble.

Texas Turnover Proceedings - Using a Receiver to Collect Your Judgment

Turnover Relief in General

When you have a judgment against a debtor, you have several post-judgment collection methods available to you. One such method is the application for turnover relief. Essentially, turnover relief allows to you seize property belonging to your judgment debtor that is not reachable by more traditional post-judgment methods like a Writ of Execution or a Writ of Garnishment.

The Court Has Authority to Appoint a Receiver

As part of your petition for turnover relief, you can request that the court appoint a receiver. Understand, though, that the appointment of a receiver is not mandatory. It's completely within the discretion of the court. Ross v. 3D Tower Ltd., 824 S.W.2d 270, 272 (Tex. App.-Houston [14th District] 1992, writ denied).

The Qualifications & Authority of the Receiver

There are no specific qualifications for a receiver in post-judgment turnover proceedings. Schultz v. Cadle Co., 825 S.W.2d 151, 154-55 (Tex. App.-Dallas 1992), writ denied per curiam, 852 S.W.2d 499 (Tex. 1993); Childre v. Great Southwest Life Insurance Co., 700 S.W.2d 284, 288 (Tex. App.-Dallas 1985, no writ). But, if you want to follow the traditional requirements for a receiver, you should request the court to do so. Along with your request, you should suggest a person who:

1. Is a citizen and qualified voter of the state of Texas at the time of appointment;

2. Maintains actual residence in this state during the receivership, and

3. Is not a party, attorney, or other person interested in the action for appointment of a receiver. Tex. Civ. Prac. & Rem. Code Section 64.021.

If the court does agree to the appointment of a receiver for your turnover relief, the receiver will "take possession of" all the judgment debtor's nonexempt property. He will then sell that property and pay the proceeds to you to the extent required to satisfy your judgment." Tex. Civ. Prac. & Rem. Code Section 31.002(b)(3).

The Receiver's Compensation

The issue of compensating the receiver and reimbursing his expenses is a matter than falls within the discretion of the court. But, generally speaking, the receiver's fees are charged to the judgment debtor. The receiver's expenses are considered costs that are charged to the judgment debtor and paid with property and funds in the hands of the receiver. Archer, 262 S.W.2d at 217.

While this works well when the receivership estate has assets, problems obviously arise when there are no assets or insufficient assets to cover both the judgment and the receiver's fees and expenses. In situations where there are no assets or there are insufficient assets, a conflict may arise between you and the receiver. In those situations where there are no assets or insufficient assets you, as the judgment creditor, may have to pay the receiver's fees and expenses.

Conclusion

Turnover proceedings are a very effective means for collecting your Texas judgment. But, to assist you in the proceedings you should request that the court appoint a receiver. That receiver will then have the authority to take possession of all the judgment debtor's non-exempt property and sell them to satisfy your judgment. Be aware, however, that you may be responsible to pay the receiver's fees and expenses if you judgment debtor does not have enough assets to cover both your judgment and your receiver's fees and expenses.


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