Houston, TX asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas

Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not have been signed.

That said, the only way the court can sign an order before the lawyers file it is if the court prepares the order themselves. I would expect that such an order would only be issued after notice to all parties, and probably a hearing. In Harris County, even for emergency orders, notice to the opposing parties is required.

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