As active judgment collectors in Texas, we help enforce judgments against debtors who might otherwise be uncooperative. We work with Texas judgment creditors to locate their debtors, make contact, and work out payment. We can help you settle your Texas judgments as well.
Bear in mind that judgment enforcement is different from one state to the next. Some means of judgment enforcement allowed in other states are not available in Texas. If you have an outstanding judgment that you are trying to collect, we recommend doing as much research as possible into what is allowed and what is not.
In Texas, creditors have four ways to enforce judgments. Here they are:
The first option is a voluntary payment plan. Both parties agree on the amount to be paid and a schedule for payment. This could mean a lump sum for less than the amount owed. On the other hand, it could be the entire amount owed, plus interest, spread over many years by way of monthly installments.
The payment plan option is the most favorable when it works. Agreeing to a payment plan means the creditor no longer needs to invest time in collecting and the debtor can get on with their life. Unfortunately, such arrangements are hard to come by.
A second option is what is known as the Writ of Execution. It is a legal document delivered to a local peace officer, giving the officer the authority to seize and sell non-exempt property. Proceeds from the sale go to satisfy the judgment.
It is important to note that not all property is up for grabs in Texas. There are certain types of property considered exempt from Writs of Execution. They can be found by looking into the Texas Rules Of Civil Procedure.
The third option for collecting judgments in Texas is the Abstract of Judgment. This is essentially a lien placed against the judgment debtor’s property. It is filed in the county where the debtor owns the property. If a creditor has reason to believe the debtor will own property at some point in the future, a lien can be filed in the appropriate county as well.
A lien prevents the judgment debtor from selling the attached property or transferring ownership to another person, without first settling their debt. Liens can be persuasive tools.
Under certain circumstances, a court could order that a judgment debtor turnover certain non-exempt assets to pay for an unsatisfied judgment. Such assets would go to a court receiver for subsequent sale. Proceeds would then go to the judgment creditor.
Note that the Turnover Statute is difficult to utilize because courts are frequently reluctant to invoke it. But as a last resort measure, it doesn’t hurt to petition the court for relief under the statute. The worst that could happen is that the request is denied.
If you are surprised to not see wage and bank account garnishment on this list, know that it is because wage garnishment isn’t allowed in Texas except for alimony, child support, and unpaid taxes. It’s not a tool that judgment creditors can use to enforce a judgment in Texas.
We help collect judgments in Texas. If you have any you been trying to collect unsuccessfully, please contact us at your earliest convenience. If we believe your case is one that we can work on, we will get to work as soon as we get your approval. Our goal is to help you collect what you are owed.
Published October 17, 2023