A judgment is only enforceable against assets you can identify and reach. When the debtor cooperates and the assets are visible, finding them is easy. When the debtor resists, and especially when a sophisticated debtor has used trusts, layered entities, family members, or out-of-state holdings to hide what they own, finding the assets is the work that decides whether the matter recovers anything at all.
We have handled judgment debtors all across that spectrum, from cooperative individuals with bank accounts and homes to sophisticated commercial actors running elaborate concealment structures. This page describes how we approach asset investigation.
The Categories of Assets Worth Pursuing
For most judgment debtors, recoverable assets fall into a handful of categories.
Bank accounts. Operating accounts, savings accounts, money market accounts, all reachable through writs of garnishment served on the bank. Texas does not generally allow wage garnishment for ordinary commercial debt, so wages deposited into accounts raise some procedural questions, but ordinary funds are generally reachable.
Real property. Homestead is exempt under Texas’s generous homestead rules. Non-homestead real property (vacation homes, rental properties, investment property, raw land, commercial real estate held personally) is reachable through abstract recording and judgment lien foreclosure.
Vehicles. Subject to limited exemptions. High-value vehicles, multiple vehicles, and commercial vehicles are typically reachable through writs of execution.
Brokerage and investment accounts. Generally reachable through garnishment or turnover. Qualified retirement accounts under Texas Property Code § 42.0021 have specific exemption protection; non-qualified accounts are typically reachable.
Business interests. Interests in LLCs, partnerships, and corporations, reachable through charging orders, turnover orders, and (for corporate stock) execution.
Accounts receivable owed to the debtor. Money the debtor’s customers, clients, or contract counterparties owe the debtor, reachable through garnishment.
Specific personal property. Equipment, inventory, and valuables held in the debtor’s name, reachable through writs of execution.
Insurance proceeds. Settlement proceeds and insurance claim payouts, reachable through turnover.
Trust interests. The debtor’s beneficial interests in trusts. Some are reachable and others are protected; the analysis is fact-specific.
The Investigation Toolkit
We use a developed combination of tools to locate assets.
Post-judgment written discovery
Under Texas Rule of Civil Procedure 621a, post-judgment discovery is broadly available. We use:
Interrogatories. Sworn written questions the debtor must answer. Standard post-judgment interrogatories cover bank accounts, real property, personal property, business interests, employment, income sources, and recent transfers. A comprehensive set can produce a complete asset disclosure if the debtor answers truthfully.
Requests for production. Requests for documents: bank statements, tax returns, financial statements, business records, deeds, titles, account statements. The documents are often more useful than narrative answers because they show transactions and balances instead of relying on how the debtor characterizes things.
Requests for disclosure. A specific category of discovery under Texas rules that requires basic identifying information.
The debtor has 30 days to respond. Non-response or an evasive response is sanctionable, and we pursue motions to compel and sanctions when responses fall short.
Public-records research
A lot of information about debtors is sitting in public records:
Real property records. County deed records show real property the debtor has owned, acquired, or transferred. Searching across multiple counties can turn up holdings the debtor would rather not disclose.
UCC filings. Texas Secretary of State records show secured-party filings against the debtor as a borrower (what the debtor owes) and as a secured party (loans the debtor has made to others, which are receivables that may be reachable).
Business records. Texas Secretary of State records show entities where the debtor is registered as an officer, director, manager, member, or registered agent. Business connections often point to asset opportunities.
Litigation records. Court records show lawsuits the debtor has been part of, which often contain financial information and asset disclosures from the debtor’s prior matters.
Marriage and divorce records. Sometimes useful for spousal-property issues or asset transfers.
Vehicle records. Texas Department of Motor Vehicles records show vehicles registered in the debtor’s name.
Tax records. Tax liens and certain other tax-related public records can reveal asset information.
We run public-records research as part of standard post-judgment investigation on most matters.
Third-party subpoenas
When the debtor’s voluntary disclosure is incomplete, or when we need specific information from a third party, we use subpoenas:
Banking subpoenas. To banks where we suspect the debtor has accounts, asking for records of accounts, deposits, withdrawals, transfers, and related information.
Brokerage subpoenas. To brokerages where the debtor may hold investment accounts.
Accountant subpoenas. To accountants who prepared the debtor’s tax returns or kept the debtor’s books, asking for financial records and prior-year filings.
Employer subpoenas. To the debtor’s employer for payroll records (though wage garnishment itself isn’t available for ordinary commercial debt in Texas, since current wages are exempt).
Business associate subpoenas. To partners, co-owners, customers, and others who know something about the debtor’s financial position.
Trust counsel subpoenas. To lawyers or other professionals who set up or managed trust structures involving the debtor.
Third-party subpoenas often surface information the debtor never would have volunteered.
Post-judgment depositions
When written discovery comes back evasive or incomplete, a deposition lets us question the debtor (or a third party) in person, under oath, with follow-up in real time.
The debtor’s deposition. The single most powerful tool. The debtor has to answer under oath, false answers expose the debtor to perjury liability and contempt sanctions, and skilled questioning can surface what written discovery missed.
Third-party depositions. Bank officers, accountants, business associates, family members, trust counsel: any of them can be deposed when the debtor’s information is incomplete and the third party knows something.
We use depositions selectively, since they cost more than written discovery and are not always necessary, and we reserve them for matters where written discovery has not produced what we need.
Lifestyle-vs.-reported-income analysis
For sophisticated debtors who claim limited income but live visibly well, we run a lifestyle analysis. We compare the debtor’s reported income to apparent expenses: real estate, vehicles, travel, education for children, charitable giving, business operations. A material gap is evidence of unreported income or undisclosed assets.
This works particularly well for self-employed debtors, debtors with a lot of cash transactions, and debtors who claim their income flows through entities they say they don’t control.
Investigation in concealment cases
For debtors who have actively hidden assets through trusts, layered entities, or family-member transfers, we combine the tools above with:
Tracing of transfers. Following money or property from the debtor through intermediate transactions to whoever holds it now.
Fraudulent transfer analysis under the Texas Uniform Fraudulent Transfer Act. Where a transfer within the lookback period meets the statutory criteria, we can set it aside and reach the property.
Receivership. A court-appointed receiver has substantial investigative authority and can sometimes surface assets our direct investigation cannot.
Beneficial ownership analysis. For trust structures, a careful look at who actually controls and benefits from the trust assets, with attention to the indicia of beneficial ownership: the debtor’s right to revoke, to replace the trustee, or to receive distributions.
When the Investigation Doesn’t Produce Recovery
Some investigations turn up a great deal of information about a debtor who has nothing we can reach. The debtor truly has no current assets, every available asset is protected by exemptions, or every transfer is too old to be set aside as fraudulent.
For those matters, the right move is to preserve the judgment for later (abstract it, renew it when due) and stop the active investigation. A Texas judgment is good for ten years from entry, and renewal extends its life. When the debtor’s circumstances change, we can reactivate the matter.
We tell clients honestly when an investigation has reached the point of diminishing returns.
Find the Assets
If you have a judgment that isn’t producing recovery, the real question is whether assets exist that the right investigation can identify and reach. Our toolkit is comprehensive, and our experience with sophisticated debtors is hands-on.
Send us the judgment, the case file, and what you know about the debtor. We will outline the investigation strategy and the path to recovery.
Contact us to get started or call 214-368-4686.
Related Pages
- I Already Have a Judgment
- Post-Judgment Written Discovery
- Post-Judgment Investigation
- Post-Judgment Deposition
- Discovery Has No Limits
- Knotty Judgment Situations
- Texas Collections Law FAQs
Asset Investigation FAQs
How long does asset investigation typically take?
For straightforward debtors with visible assets, the initial investigation produces actionable information within 30 to 90 days of judgment. For sophisticated debtors with concealment structures, it can take six months to several years and may run alongside ongoing enforcement.
What's the most useful single investigation tool?
For most matters, post-judgment written discovery is the highest-leverage place to start. The debtor must respond under oath. Truthful responses identify the assets. Evasive or false responses are themselves evidence, sometimes enough to support contempt, perjury, or other actions that produce additional leverage.
Will the debtor lie on post-judgment discovery?
Some do. False answers expose the debtor to perjury liability and contempt. We have secured contempt findings and, in some matters, incarceration of debtors who lied on post-judgment discovery. Even when the lie isn't separately prosecuted, the proven falsity undercuts the debtor's credibility on everything related.
Can the firm find assets in other states?
Yes. Public-records research extends to other states. Subpoenas to out-of-state third parties may require coordination with local counsel there, and depositions of out-of-state witnesses can be conducted under the Uniform Interstate Depositions and Discovery Act. We coordinate this work as the matter requires.
What about offshore assets?
International asset investigation is harder. The U.S. has limited reciprocal arrangements for asset investigation in other countries. A few specific tools (subpoenas to U.S. banks holding correspondent accounts for foreign banks, treaty-based discovery in some jurisdictions) can produce information. For matters with substantial offshore assets, we coordinate with international counsel where it makes economic sense.
What if the debtor's spouse holds the assets?
Whether the debtor's spouse's holdings can be reached depends on how the property is characterized and managed. Community property under the debtor's sole management, and jointly managed community property, is generally reachable for the debtor's debts, while the spouse's sole-management community property is usually protected except for necessaries or torts. Separate property (typically owned before marriage or received by gift or inheritance) raises different issues again. We analyze spousal-property questions on a matter-specific basis.
Can the firm reach assets the debtor transferred to family members?
Sometimes. The Texas Uniform Fraudulent Transfer Act lets transfers within specific lookback periods be set aside if the statutory grounds are met: a transfer made with intent to hinder, delay, or defraud creditors, or a transfer for less than reasonably equivalent value while the debtor was insolvent or rendered insolvent by it. The lookback periods are typically four years, or one year for certain insider transfers. We review recent transfers and pursue fraudulent-transfer claims where the elements are there.
How does the firm handle trust structures?
Texas trust law is detailed. Some trusts (revocable trusts, trusts where the debtor is both settlor and beneficiary, certain self-settled trusts) provide little or no creditor protection. Others (third-party-settled spendthrift trusts) provide substantial protection. We analyze the structure and identify what is reachable. We have handled trust-asset matters and use turnover and, where appropriate, fraudulent-transfer claims to reach beneficial interests.
What if the debtor is hiding cash?
Cash is harder to reach than recorded assets, but not impossible. Lifestyle-vs.-reported-income analysis, a deposition of the debtor about cash transactions, depositions of third parties (accountants, business associates) who handle the debtor's cash, and contempt proceedings can all surface it. Cash the debtor can't account for through legitimate sources is itself evidence of undisclosed income or assets.
How does the firm decide when to stop investigating?
When the cost of continued investigation exceeds the realistic recovery it could produce. We give honest assessments at the points where that calculation matters, and the client decides whether to continue, pause, or stop. For paused matters, we preserve the judgment through abstracting and renewal so the investigation can resume when the debtor's circumstances change.