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I have a brother who had a blind & shutter business.  He recently had a Judgment entered against him in Small Claims Court in Denton, Texas, on December 17, 2007, in the amount of $5,137.35 plus post-judgment interest of 7.50% per annum.  He has no assets.  He was recently served with Interrogatories regarding assets which he answered.  The Judgment also contained fraud.  He would be willing to try to pay this out, but didn't know if he should even contact them.  Also, if he does not pay this, what can happen regarding the fraud?  Would they have to file something in criminal court?  Thank you.

Answer
Nancy:

Yes, in order to prosecute him the District Attorney would have to bring forth charges.  That is unlikely to arise simply because someone plead it as a count in a civil action.

Jason Barnette
Barnette Law Offices, LLC
http://www.barnettelawoffces.com
615-585-3885

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Barnette Law Offices, LLC

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Barnette Law Offices, LLC can answer questions relating to credit reporting inaccuracies, debt collection abuse, and bankruptcy issues. No portion of any of our communications shall be construed to form an attorney-client relationship. We only represent residents of Tennessee.

Experience

Jason Barnette is a licensed attorney in the state of Tennessee admitted before the Tennessee Supreme Court. He is the founder of Barnette Law Offices, LLC in Nashville, Tennessee. Barnette Law Offices, LLC is one a the very few Tennessee law firms which handles cases arising under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Tennessee Consumer Protection Act.

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National Association of Consumer Attorney's (pending)

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Appalachian School of Law - Juris Doctor Licensed Attorney - Tenneessee Supreme Court

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J.P. Morgan Chase, Countrywide

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