Writ of Execution in Texas
A Writ of Execution is an order of the court to any constable in the state of Texas ordering him to execute on any non-exempt assets. For a general description of those assets that are exempt from execution, click here.
A writ of execution is a judicial writ directing the enforcement of a district, county, or justice court judgment. The writ typically directs the sheriff or constable to levy on a defendant’s nonexempt property, sell it, and deliver the sale proceeds to the plaintiff to be applied toward satisfaction of the judgment.
A judgment creditor has the right, as a matter of law, to have a writ of execution issued unless and until the defendant files a proper supersedeas bond.
If no supersedeas bond is filed (Note: The matter must be under appeal for the defendant to file such a bond) and approved, a writ of execution must be issued if the plaintiff applies for it after the expiration of thirty days from the time final judgment is signed. If a motion for new trial is timely filed but is denied, the clerk must issue the writ after the expiration of thirty days from the time the order overruling the motion is signed or from the time the motion is overruled by operation of law.
- 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 Writs of Execution
What is a writ of execution in Texas?
A writ of execution is a court order directing any constable in Texas to locate and seize the judgment debtor's non-exempt property, sell it, and deliver the proceeds to the judgment creditor to satisfy the judgment. It is one of the broadest enforcement tools available — it is not limited to a specific asset or account but authorizes the constable to act on any non-exempt property they can locate.
When can a writ of execution be issued?
A judgment creditor is entitled to have a writ of execution issued as a matter of law — unless the debtor has filed and had approved a proper supersedeas bond (which requires the case to be under appeal). If no such bond is in place, we can apply for the writ after thirty days from the date the final judgment was signed. If a motion for new trial was filed and denied, the clock starts from the order denying it.
Does a writ of execution have to be directed at a specific asset?
No — and that is one of its strengths. The writ authorizes the constable to execute on any non-exempt assets of the debtor, wherever found in Texas. Combined with our investigation and discovery efforts to identify where assets are located, a writ of execution is a direct enforcement tool with wide reach.
How does issuing a writ of execution affect the judgment's lifespan?
This is critically important. When a writ of execution is issued and served, the judgment's ten-year enforcement clock resets from the date of issuance. This is one of the two methods for keeping a judgment alive indefinitely. The other is revival during the two-year dormancy period (see How Long Does a Texas Judgment Last? for the full explanation). Creditors who periodically issue writs of execution can maintain an enforceable judgment for as long as necessary.
What property can a constable seize under a writ of execution?
Any non-exempt property belonging to the debtor. Texas law has significant exemptions — the homestead, certain personal property up to statutory limits, retirement accounts, wages, and others — but property outside those categories is reachable. Vehicles above the exemption value, business equipment, real estate that is not a homestead, and non-exempt financial accounts are all potential targets.