I Have a Judgment: How Do I Collect It?

A judgment is a court’s finding that you are owed money. It is not money. The debtor’s obligation to pay arises from the judgment, but actually collecting the money is a separate process, and one that takes very different skills from the litigation that produced the judgment.

Many creditors come to us with a judgment they cannot collect. Some got the judgment through another lawyer who does not handle post-judgment work. Some got it in justice or small claims court without counsel. Some got it through a transactional or general-practice lawyer whose work does not extend to enforcement. And some are holding a judgment that is years old and has gathered dust while the debtor moved assets.

This page is for those creditors. We take over judgments and run full post-judgment enforcement, and we have handled every situation a judgment creditor walks in with, including the one where the underlying judgment itself has problems that need to be fixed before enforcement can move forward.

Yes: We Take Over Judgments From Other Lawyers

This is the most common question we get on this page, so here is the direct answer: yes, we regularly take over judgments obtained by other counsel. Nothing stops you from switching counsel for the post-judgment phase, and a large part of our practice is built around exactly this kind of handoff.

To take over a judgment, here is what we need from you:

A copy of the judgment (and any amended or modified judgment)
The case number and the court that entered the judgment
A copy of the original petition and the debtor’s answer (if any)
A copy of any abstract of judgment that has been recorded
A copy of any post-judgment work that has been done: discovery served, depositions taken, writs issued, garnishments served, partial recoveries collected
A summary of what you know about the debtor: current address, business activities, known assets, prior contact
Your file’s correspondence with the debtor and with prior counsel

If you don’t have all of this, we can still evaluate the matter. We often reconstruct portions of the file from court records and start where we can.

What a Texas Judgment Actually Lets You Do

Once a judgment is entered, Texas law hands the judgment creditor a powerful set of tools it did not have before. Most judgment creditors don’t realize how much leverage a judgment really gives them.

A Texas judgment requires the debtor to do the following, under threat of court sanctions that can include contempt and incarceration:

Answer questions about its finances under oath. The debtor has to respond to post-judgment written discovery and post-judgment depositions. False answers expose the debtor to perjury liability.
Produce documents. The debtor has to turn over bank statements, tax returns, financial records, and anything else responsive to post-judgment requests for production.
Respond to writs of garnishment served on the debtor’s bank or other third parties holding the debtor’s property. Texas exempts current wages from garnishment for ordinary debts, so garnishment reaches bank accounts and receivables, not the debtor’s paycheck.
Surrender non-exempt property to a sheriff or constable executing on a writ of execution.
Comply with turnover orders requiring the debtor to turn over non-exempt property, including assets that are hard to reach by ordinary execution, such as interests in other entities, accounts receivable, or contract rights.
Appear when ordered for depositions, asset hearings, and contempt proceedings.

A debtor who refuses to comply faces sanctions up to and including contempt and incarceration. When the matter has justified it, we have secured contempt findings, body attachments, and the jailing of debtors who would not cooperate.

How We Approach Enforcement on a Texas Judgment

We follow a working sequence on most judgment-enforcement matters, and we tune it to the specific debtor: what we know about the debtor’s assets, the debtor’s track record of cooperation or resistance, and the size of the judgment against the cost of chasing it. The general framework:

1. Abstract the judgment. We abstract the judgment in counties where the debtor owns or may own real property. The abstract creates a judgment lien on the debtor’s non-exempt real property in that county. It is inexpensive, so we usually do it right away.

2. Conduct asset investigation. We combine post-judgment written discovery (interrogatories, requests for production, requests for disclosure), public-records research, and third-party subpoena practice to find the debtor’s assets. The debtor has to answer written discovery under oath, and non-response is sanctionable.

3. Take post-judgment depositions where written discovery isn’t enough. When the debtor’s written responses are evasive, incomplete, or seem to conflict with the documents we have, we take the debtor’s deposition on oral or written questions. We also depose third parties (banks, accountants, business associates) who may know where the debtor’s assets are.

4. Garnish identified bank accounts and accounts receivable. Once we identify a bank account or other garnishable property, we file an application for writ of garnishment under Texas Civil Practice & Remedies Code Chapter 63 and serve the writ on the third party.

5. Issue writs of execution against non-exempt personal property. Where the debtor owns non-exempt personal property (vehicles, equipment, inventory, accounts in the debtor’s own name), we direct writs of execution to the appropriate constable or sheriff.

6. Pursue turnover and receivership where ordinary execution is inadequate. For property that execution can’t easily reach (interests in LLCs and partnerships, accounts receivable, intellectual property, contract rights, valuable personal property held in unusual ways), we pursue turnover orders under Texas Civil Practice & Remedies Code § 31.002. Where a court-appointed receiver can liquidate or manage assets more effectively than the debtor will, we seek receivership.

7. Use contempt and arrest proceedings against debtors who refuse to comply. We have secured the body attachment and incarceration of judgment debtors who failed to comply with court orders.

How Long Will It Realistically Take to Collect?

Almost every judgment creditor asks this, and the answer varies enormously depending on the debtor.

Cooperative debtor with assets. Some debtors, once they see that we have the file and are moving aggressively, settle or arrange payment within 30 to 90 days. That is the best case, and it happens more often than judgment creditors expect. The arrival of capable collection counsel genuinely changes some debtors’ math.

Resistant debtor with traceable assets. Where the debtor resists but has assets we can locate and attach (bank accounts, real property, vehicles, accounts receivable), recovery usually takes 6 to 18 months. The timeline turns on the pace of post-judgment discovery, the time to obtain and serve writs, and the time sheriffs and constables need to execute and account for proceeds.

Resistant debtor with concealed or out-of-state assets. Where the debtor uses trusts, layered entities, or out-of-state holdings to hide assets, recovery takes longer, 12 to 36 months or more, and costs more to pursue. The recovery is also less certain, though we have succeeded against sophisticated asset-concealment in many matters.

Debtor with no current assets but future earning capacity. Some judgments aren’t immediately collectible because the debtor has no current non-exempt assets. We preserve the judgment, abstract it, and renew it when needed. We or successor counsel can return to enforcement as the debtor’s circumstances change, such as when the debtor inherits, sells a business, receives a settlement, or otherwise comes into money. Texas judgments are valid for ten years and renewable, so this is a real strategy, not a hope.

What Can You Realistically Expect to Recover?

Expected recovery depends on the same variables that drive the timeline. Here is the candid spectrum:

Cooperative debtor with adequate assets: full recovery is achievable, often with post-judgment interest, costs of collection, and (where applicable) recoverable attorney’s fees added.
Resistant debtor with adequate assets: full or near-full recovery, on a longer timeline and at higher cost.
Resistant debtor with limited assets: partial recovery, often through structured settlement or installment, with the unpaid balance preserved against future collection.
Debtor with no current assets and limited future earning capacity: collection may not be economic to pursue actively. We preserve the judgment (abstract it, renew it) so future assets stay within reach.

We give every client a candid assessment at intake. If we think a matter isn’t economic to pursue, we tell you. Honest cost-benefit conversation is part of how we practice.

Interest, Costs, and Fees on a Texas Judgment

A Texas judgment accrues post-judgment interest from the date of judgment. The rate is set by Texas Finance Code Chapter 304 and published by the Texas Office of Consumer Credit Commissioner. Confirm the current rate at any given moment, since it tracks the prime rate, with statutory floors and ceilings.

Costs of collection, including court costs, service fees, deposition costs, and sheriff and constable fees, get added to the judgment as incurred and are recoverable in most cases.

Attorney’s fees on the underlying claim are sometimes recoverable as part of the judgment, depending on the cause of action. Attorney’s fees for the post-judgment collection work itself are sometimes recoverable too, depending on the underlying contract terms or applicable statute.

We track the running balance, including principal, interest, costs, and any recoverable fees, and provide accountings on request.

Common Concerns Judgment Creditors Bring

“I won years ago and never collected. Is the judgment still good?”

A Texas judgment is generally valid for ten years from the date of entry, and it can be renewed before expiration to extend its life. A judgment that has not been acted on within ten years may be dormant: still potentially revivable, but only with affirmative steps. Texas Civil Practice & Remedies Code §§ 31.006 and 34.001 govern dormancy and revival, and we handle these matters routinely. The first thing we do is figure out where the judgment stands (still active, dormant but revivable, or beyond revival), and we do that at intake.

“The debtor is in bankruptcy. Is my judgment worthless?”

Not necessarily. Some judgment debts are non-dischargeable under 11 U.S.C. § 523, including judgments based on fraud, false pretenses, fiduciary defalcation, and willful and malicious injury. A judgment lien on real property may also survive bankruptcy in some circumstances. Even where the underlying debt is dischargeable, we coordinate with bankruptcy counsel on proof-of-claim filing, dischargeability analysis, and continued enforcement against any non-bankrupt co-obligors or guarantors.

“The debtor moved out of state. Can I still collect?”

Yes. A Texas judgment can be registered in another state under that state’s enacted version of the Uniform Enforcement of Foreign Judgments Act. Once registered, the Texas judgment is generally enforceable in the new state using that state’s enforcement tools. We coordinate with counsel in the new state to register the judgment and run enforcement there. Where the debtor has assets in several states, you may need to register in each.

“The debtor’s spouse seems to have all the money. Can I reach the spouse’s assets?”

Texas is a community property state, and community property is generally available to satisfy a judgment against either spouse, with some exceptions. How community property, separate property, and judgment liability interact is laid out in Texas Family Code Chapter 3 and shaped by substantial case law. We handle spousal-property issues regularly and analyze them on a matter-specific basis.

“Will the firm take a small judgment?”

We evaluate each matter on its own facts. Very small judgments may not be economic to actively pursue, but they may still be worth abstracting and preserving against future debtor assets. We give candid assessments at intake. Many small-judgment matters are economic when the debtor has assets and is simply resistant, because the cost of pursuit in that case is relatively low and the recovery is real.

Move the Judgment Forward

If you have a judgment that hasn’t produced money, the question isn’t whether to pursue collection. It’s which collection counsel will actually produce a result. Our practice is built around exactly this work.

Send us the judgment, the case number, and what you know about the debtor. We will evaluate the matter and tell you candidly what it would take to collect.

FAQs for Judgment Creditors

How do I find out what the debtor owns?

Through post-judgment written discovery, post-judgment depositions, third-party subpoenas, and public-records research. The debtor has to answer post-judgment discovery under oath, and false answers expose the debtor to perjury liability and contempt sanctions. We have substantial experience using these tools to find assets debtors have not voluntarily disclosed.

Can I just have the sheriff go take the debtor's property?

Not without a writ. To direct a sheriff or constable to seize property, you have to obtain a writ of execution from the court. We prepare and serve writs of execution as part of standard post-judgment practice. The sheriff or constable then executes on non-exempt personal property the creditor identifies or the officer locates.

What property is exempt from execution?

Texas exempts certain property from execution. Exemptions include the homestead (subject to constitutional and statutory definition), specified personal property up to dollar limits, retirement accounts, certain insurance proceeds, certain trust property, and other categories. Texas exemptions are notably generous compared with many other states. We analyze exemptions on a matter-specific basis and identify the non-exempt assets that are actually reachable.

What if the debtor refuses to answer post-judgment discovery?

We file a motion to compel. If the debtor still refuses, we pursue sanctions, including monetary sanctions and contempt. We have secured contempt findings and the jailing of debtors who refused to comply with post-judgment discovery and court orders.

What if I've already done some post-judgment work and it didn't produce results?

That happens often. We look at what has been done, what tools have not been used, and where the matter actually stands. Often the file has fixable problems: a deposition that was scheduled but never taken, a writ issued but not served on the right party, an asset that was identified but never pursued. We pick up where the prior work stopped.

Is there a deadline for me to start enforcement?

The judgment is enforceable for ten years from entry, with renewal available to extend its life. There is no specific deadline for starting enforcement, but delay is consistently the biggest factor that reduces recovery. While a file sits, debtors move money, switch banks, and dissolve or restructure their businesses, and limitations on related claims keep running. The earlier enforcement begins, the more tools you have.

What does the firm charge for post-judgment work?

It depends on the matter: the size of the judgment, the debtor's profile, what enforcement tools are likely to be needed, and what work has already been done. We discuss fees at intake on a matter-specific basis. Hourly engagements are most common; contingency or modified-contingency arrangements are sometimes appropriate.

What happens if the debtor settles for less than the full judgment?

Many judgment matters resolve through structured settlement for less than the full balance. We weigh settlement offers against the debtor's actual ability to pay, the cost of continued enforcement, the time value of money, and the risk of the debtor's bankruptcy or further decline. The decision belongs to you; we give you the analysis to make it.

Will I have to come to Dallas?

Generally no. We handle most client communication by phone, email, and video. We arrange in-person meetings when they are useful, but they are not required. For depositions and hearings, whether you need to be there depends on the situation. Often you are not needed; sometimes your testimony helps.

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I Have a Judgment Against the Debtor: Why Isn’t the Debtor Paying?

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