Brookshire, Texas Judge Awards $53,628 in Vehicle Loan Default

A dealership, GL Clear Lake LLC, filed a lawsuit against an individual in Brookshire, Texas, alleging a default on a motor vehicle retail installment sales contract. The contract, executed on August 24, 2016, was for a 2016 Ram 3500. The plaintiff claimed the defendant failed to make required payments, resulting in a balance due of $49,278.14 as of July 7, 2017. Additionally, the plaintiff alleged the defendant negligently failed to maintain the vehicle, causing rust and corrosion.

After multiple attempts, the plaintiff secured a court order for substituted service on the defendant. The defendant did not adequately respond to the lawsuit, though a continuance was requested to retain an attorney. On February 12, 2018, the court entered a final judgment in favor of GL Clear Lake LLC. The judgment awarded the plaintiff the principal amount, $4,350.00 in attorney's fees, court costs, prejudgment interest, and post-judgment interest. Additional attorney's fees were also provided in case of an appeal.

Following the judgment, the plaintiff initiated collection efforts, including a writ of execution. When the defendant failed to respond to post-judgment discovery and missed a scheduled deposition, the plaintiff applied for a turnover of property and the appointment of a receiver. The court noted the defendant had made only two payments of $300 each toward the judgment. On August 8, 2019, the court granted the turnover order, appointing a receiver to take possession of the defendant's non-exempt property and ordering the defendant to pay additional attorney's fees. The receiver was authorized to receive a percentage of all proceeds as fees.