Collecting a Texas judgment: You have a judgment, what comes next? How should you proceed?
Once you have a Texas judgment, you have an advantage and some leverage. Once a judgment is obtained, you have the court’s permission to get the judgment debtor’s attention. That’s when the hard cases usually resolve.
What a Judgment Requires the Debtor to Do
Very often we see debtors who have resisted other creditors, so they are comfortable just ignoring you, and then ignoring us. But once we have a chance to collect your Texas judgment, frequently things change. Very often we see a change of heart in the debtor when they realize a Texas judgment means they are committed by law to the following:
- Answer questions about their activities
- Prepare and produce documents for our review
- Face writs of garnishment or writs of execution
- Come to our office for a deposition
- If they fail to cooperate fully: appear before a judge or face jail time
Our Approach to Collecting Your Judgment
These are explained more fully in the pages below. So you have leverage with a judgment, perhaps more than you realize. As a result, we collect Texas judgments in the same manner that we obtain judgments. We have a plan and we work that plan. Listed below are the steps we will generally take in collecting your judgments. However, we need your input regarding the debtor to make sure the approach we normally follow makes sense in your case. Like all of our cases, we need the client to provide as much analysis as they can to make the process as efficient as possible.
In other words, this approach is not fool-proof nor etched in stone, but it is the template we generally follow. The process is outlined in the pages below.
The Enforcement Tools We Use
- The Abstract
- Writ of Garnishment
- Post-Judgment Investigation
- Post-Judgment Written Discovery
- Post-Judgment Deposition
- Motion to Compel
- Motion for Contempt
- Arresting the Debtor
- Discovery Has No Limits
- Motion for Turnover
- Appointing a Receiver
- Writ of Execution
- Property Exempt from Execution
- Spousal Property
Questions About Judgment Enforcement
I won in court and have a judgment. Why isn't the debtor paying?
Winning a judgment gives you legal permission to pursue the debtor's assets — it does not compel payment on its own. Many debtors who refused to pay voluntarily continue to ignore creditors even after a judgment is entered. The judgment is leverage, not payment. Enforcement requires a separate, deliberate effort using the tools Texas law provides.
What leverage does a Texas judgment actually give me?
Significant leverage. Once a judgment is entered, the debtor is legally required to answer written questions about their finances and assets, produce documents, appear for a deposition, comply with writs of garnishment and writs of execution, and — if they refuse to cooperate — appear before a judge or face potential jail time for contempt. That is a very different situation than an unpaid invoice with no legal process behind it.
What is the first step after getting a judgment?
We begin with an assessment of the debtor's assets. That usually starts with written discovery — interrogatories and document requests — to force the debtor to disclose what they own. We send approximately 90 interrogatories and 100 document requests. The answers, or the debtor's failure to answer, drive the next enforcement decision.
What enforcement tools are available for collecting a Texas judgment?
Texas provides a range of tools: writs of garnishment (targeting bank accounts or other assets held by third parties), writs of execution (directing a sheriff or constable to seize non-exempt property), turnover orders (requiring the debtor to surrender assets directly), post-judgment depositions, motions for contempt, and in appropriate cases, appointment of a receiver. The right combination depends on what the debtor owns and where it is.
Can the debtor hide assets to avoid paying a judgment?
They can try. Our job is to find what they have. Post-judgment written discovery, depositions, and investigation are specifically designed to uncover assets the debtor has not volunteered. Debtors who think they can simply ignore a judgment frequently discover that the tools available to a judgment creditor are more powerful than they anticipated.
What happens if the debtor refuses to cooperate with post-judgment discovery?
We file a motion to compel requiring them to respond. If they still refuse, we file a motion for contempt. Contempt of court can result in sanctions and — in Texas — in the debtor being arrested. That possibility changes the calculation for most debtors quickly.
Does a judgment affect the debtor's credit or business relationships?
An abstract of judgment filed in the county records creates a lien on any non-exempt real property the debtor owns in that county. It becomes a matter of public record. This can affect the debtor's ability to sell or refinance property, obtain credit, and conduct business — which is often meaningful leverage even before enforcement tools are deployed.