What is a Motion for Sanctions?
Full Question:
I have a Writ of Execution out of Harris County. The Defendant has received a Motion for Sanctions out of Hidalgo County from the same Plaintiff. My question to you which court order supersedes, and where can I find out more on a Motion for Sanctions?
01/31/2007 |
Category: Debts and Credit |
State: Texas |
#1032
Answer:
A writ of execution is a court order authorizing the seizure of a specific asset or assets. It is a legal document which states who the money is owed to, the “judgment creditor”, and the amount of the debt.
Sanctions are financial or other penalties imposed by a judge on a party or attorney for violation of a court rule or as a fine for contempt of court. The sanction may be paid to the court or to the opposing party to compensate the other side for inconvenience or extra legal work required to respond to the sanctioned conduct.
A writ supersedes a motion since the motion must be approved by a court and an order given by a judge. A writ has already been issued by a court.
See Rule 13 of the Texas Rules of Civil Procedure regarding Sanctions.
