Originally Posted By: Mike Boehmer
This post was automatically imported from our archived forum.
This is from the TREC website:
The fund will pay reasonable attorney fees if a claim is paid.
The consumer files a sworn application with the court after a judgment has
become final, a writ of execution has been returned nulla bona, and an abstract of the judgment has been filed with the county clerk.
For a payment to be made from the fund, the law requires the writ of execution to be returned nulla bona, meaning there is no property to be sold. The officer serving the writ will complete it before returning it to the court.
An abstract of judgment is a document prepared by the clerk of the court that issued the judgment. It summarizes the amount of damages, attorney fees and costs awarded by the court, as well as any amounts paid or recovered on the judgment.
Attorney fees can be included as long as the total of actual damages, interest, court costs, and attorney fees paid from
the fund do not exceed the limits of $12,500.00 for single claim transaction and total aggregate amount of $30,000.00