When you have been awarded a judgment in a Texas court, you will need to take steps to collect on that judgment. There are a number of different methods that you can use to collect on a judgment, and the best method will vary depending on the circumstances of your case.
One of the most common methods of collecting on a judgment is to garnish the debtor’s wages. This can be done by obtaining a writ of garnishment from the court. The writ of garnishment will be served on the debtor’s employer, who will then be required to withhold a certain amount of money from the debtor’s paycheck each pay period and send it to you.
Collecting a Judgment in Texas
Table of Contents
Here are six important points about collecting a judgment in Texas:
- Obtain a writ of execution
- Garnish the debtor’s wages
- Levy on the debtor’s bank account
- Seize the debtor’s property
- File a lien against the debtor’s property
- Collect on the judgment through a third party
The best method of collecting on a judgment will vary depending on the circumstances of your case. It is important to speak to an attorney to discuss your options and to develop a collection strategy that is tailored to your specific needs.
Obtain a writ of execution
Once you have obtained a judgment in your favor, you will need to obtain a writ of execution in order to collect on your judgment. A writ of execution is a court order that directs the sheriff or constable to seize and sell the debtor’s property in order to satisfy the judgment.
To obtain a writ of execution, you will need to file a motion with the court that issued the judgment. The motion must state the amount of the judgment, the name and address of the debtor, and a description of the property that you want to seize. The court will then issue a writ of execution to the sheriff or constable.
The sheriff or constable will then serve the writ of execution on the debtor. The debtor has 20 days to file a claim of exemption with the court. If the debtor does not file a claim of exemption, the sheriff or constable will seize and sell the debtor’s property.
The proceeds from the sale of the debtor’s property will be used to satisfy the judgment. If the proceeds from the sale are not sufficient to satisfy the judgment, you may be able to collect the remaining balance from the debtor’s other assets.
Garnish the debtor’s wages
Garnishing the debtor’s wages is a common method of collecting on a judgment in Texas. To garnish the debtor’s wages, you will need to obtain a writ of garnishment from the court. The writ of garnishment will be served on the debtor’s employer, who will then be required to withhold a certain amount of money from the debtor’s paycheck each pay period and send it to you.
The amount of money that can be garnished from the debtor’s wages is limited by law. The amount that can be garnished depends on the debtor’s income and the number of dependents that the debtor has.
Garnishing the debtor’s wages can be an effective way to collect on a judgment, but it is important to note that the debtor may be able to file a motion with the court to stop the garnishment. The debtor may be able to stop the garnishment if they can show that they need the money to support themselves and their family.
If the debtor does not have enough wages to satisfy the judgment, you may be able to collect on the judgment by garnishing the debtor’s other assets, such as their bank account or their property.
Levy on the debtor’s bank account
Levying on the debtor’s bank account is another common method of collecting on a judgment in Texas. To levy on the debtor’s bank account, you will need to obtain a writ of execution from the court. The writ of execution will be served on the bank, which will then be required to freeze the debtor’s account and turn over the funds to you.
The amount of money that can be levied from the debtor’s bank account is limited by law. The amount that can be levied depends on the amount of the judgment and the amount of money that is in the debtor’s account.
Levying on the debtor’s bank account can be an effective way to collect on a judgment, but it is important to note that the debtor may be able to file a motion with the court to stop the levy. The debtor may be able to stop the levy if they can show that they need the money to support themselves and their family.
If the debtor does not have enough money in their bank account to satisfy the judgment, you may be able to collect on the judgment by levying on the debtor’s other assets, such as their wages or their property.
Seize the debtor’s property
Seizing the debtor’s property is another method of collecting on a judgment in Texas. To seize the debtor’s property, you will need to obtain a writ of execution from the court. The writ of execution will be served on the sheriff or constable, who will then be authorized to seize the debtor’s property.
Real property
Real property includes land and any buildings or structures that are attached to the land. To seize real property, the sheriff or constable will file a notice of levy with the county clerk’s office. The notice of levy will give the debtor 20 days to file a claim of exemption with the court. If the debtor does not file a claim of exemption, the sheriff or constable will sell the property at a public auction.
Personal property
Personal property includes all property that is not real property, such as vehicles, furniture, and equipment. To seize personal property, the sheriff or constable will take the property into their possession. The debtor has 10 days to file a claim of exemption with the court. If the debtor does not file a claim of exemption, the sheriff or constable will sell the property at a public auction.
Intangible property
Intangible property includes things like stocks, bonds, and bank accounts. To seize intangible property, the sheriff or constable will serve a writ of garnishment on the person or institution that holds the property. The person or institution will then be required to turn the property over to the sheriff or constable.
Property in the hands of a third party
If the debtor’s property is in the hands of a third party, such as a storage facility or a bank, the sheriff or constable will serve a writ of execution on the third party. The third party will then be required to turn the property over to the sheriff or constable.
Seizing the debtor’s property can be an effective way to collect on a judgment, but it is important to note that the debtor may be able to file a motion with the court to stop the seizure. The debtor may be able to stop the seizure if they can show that they need the property to support themselves and their family.
File a lien against the debtor’s property
Filing a lien against the debtor’s property is another method of collecting on a judgment in Texas. A lien is a legal claim against property that gives the creditor the right to have the property sold to satisfy the judgment.
To file a lien against the debtor’s property, you will need to obtain a judgment from the court. Once you have a judgment, you can file a lien against any real property that the debtor owns in Texas. To file a lien, you will need to file a notice of judgment with the county clerk’s office in the county where the property is located.
Once you have filed a lien against the debtor’s property, you will have the right to have the property sold to satisfy the judgment. If the debtor does not pay the judgment, you can foreclose on the lien and have the property sold at a public auction.
Filing a lien against the debtor’s property can be an effective way to collect on a judgment, but it is important to note that the debtor may be able to file a motion with the court to remove the lien. The debtor may be able to remove the lien if they can show that they have a valid defense to the judgment or if they can show that the lien is causing them undue hardship.
Collect on the judgment through a third party
In some cases, you may be able to collect on a judgment through a third party. This is known as a “garnishment of a third party.” To garnish a third party, you will need to obtain a writ of garnishment from the court. The writ of garnishment will be served on the third party, who will then be required to turn over to you any property or money that they owe to the debtor.
Third parties that can be garnished include banks, employers, and tenants. If the third party does not comply with the writ of garnishment, you may be able to file a motion with the court to hold them in contempt.
Garnishing a third party can be an effective way to collect on a judgment, but it is important to note that the third party may have a valid defense to the garnishment. For example, the third party may be able to show that they do not actually owe any money to the debtor.
If you are considering garnishing a third party, it is important to speak to an attorney to discuss your options and to make sure that you have a valid claim.
FAQ
The following are some frequently asked questions about collecting a judgment in Texas:
Question 1: How long do I have to collect on a judgment in Texas?
Answer 1: You have 10 years to collect on a judgment in Texas.
Question 2: What is a writ of execution?
Answer 2: A writ of execution is a court order that directs the sheriff or constable to seize and sell the debtor’s property in order to satisfy the judgment.
Question 3: How do I garnish the debtor’s wages?
Answer 3: To garnish the debtor’s wages, you will need to obtain a writ of garnishment from the court. The writ of garnishment will be served on the debtor’s employer, who will then be required to withhold a certain amount of money from the debtor’s paycheck each pay period and send it to you.
Question 4: Can I seize the debtor’s property?
Answer 4: Yes, you can seize the debtor’s property to satisfy the judgment. To seize the debtor’s property, you will need to obtain a writ of execution from the court. The writ of execution will be served on the sheriff or constable, who will then be authorized to seize the debtor’s property.
Question 5: Can I file a lien against the debtor’s property?
Answer 5: Yes, you can file a lien against the debtor’s property to secure the judgment. To file a lien, you will need to file a notice of judgment with the county clerk’s office in the county where the property is located.
Question 6: Can I collect on the judgment through a third party?
Answer 6: Yes, you may be able to collect on the judgment through a third party. This is known as a “garnishment of a third party.” To garnish a third party, you will need to obtain a writ of garnishment from the court. The writ of garnishment will be served on the third party, who will then be required to turn over to you any property or money that they owe to the debtor.
If you have any further questions about collecting a judgment in Texas, you should speak to an attorney.
The following are some tips for collecting a judgment in Texas:
Tips
The following are some tips for collecting a judgment in Texas:
Tip 1: Act quickly. The sooner you start the collection process, the more likely you are to collect on your judgment. This is because the debtor may have fewer assets to hide or dissipate if you act quickly.
Tip 2: Be persistent. Collecting on a judgment can be a time-consuming and frustrating process, but it is important to be persistent. Do not give up if you do not collect on your judgment right away. Keep trying and eventually you may be successful.
Tip 3: Be creative. There are many different ways to collect on a judgment. Do not be afraid to think outside the box and come up with creative ways to collect on your judgment.
Tip 4: Get professional help. If you are having difficulty collecting on your judgment, you should consider hiring an attorney. An attorney can help you to navigate the legal process and can help you to collect on your judgment.
Collecting on a judgment can be a difficult process, but it is important to remember that you have rights. By following these tips, you can increase your chances of collecting on your judgment.
If you have any further questions about collecting a judgment in Texas, you should speak to an attorney.
Conclusion
Collecting a judgment in Texas can be a complex and challenging process, but it is important to remember that you have rights. By following the tips in this article, you can increase your chances of collecting on your judgment.
The main points to remember are:
- Act quickly.
- Be persistent.
- Be creative.
- Get professional help if needed.
If you have any further questions about collecting a judgment in Texas, you should speak to an attorney.