Protect Your Texas Family: How to Collect Court Judgments

A money judgment from a Texas court is an important asset for your family, but it does not turn into cash on its own. In most cases, the judgment creditor must take additional legal steps to enforce the judgment and collect what is owed. Tex. R. Civ. P. 621

Why Collecting a Judgment Matters for Your Family

When a Texas court awards you a judgment, it is a legal recognition that you are owed money. But the court does not automatically collect that money for you. Turning a judgment into real dollars often requires a separate, focused effort.

For many Texas families, uncollected judgments represent lost wages, unpaid child-related expenses, medical bills, or damages from a serious accident. Successfully collecting can:

• Help stabilize your household budget
• Reimburse savings used to cover losses
• Protect your credit by giving you funds to pay other obligations
• Provide closure after a difficult dispute

Understanding your options early can make the process more effective and less stressful.

Step 1: Confirm What Your Texas Judgment Actually Says

Before you start collection efforts, carefully review your judgment. Important points include:

• Who owes you money (the judgment debtor)
• Who is entitled to collect (the judgment creditor—often you, sometimes also your spouse, business, or estate)
• The total amount awarded, including court costs and any interest the court has ordered
• Whether the judgment is final or if an appeal is pending

You can request a certified copy of your judgment from the district clerk, county clerk, or justice court where your case was decided. Having a clear, accurate copy is often necessary for formal collection actions such as writs of execution or judgment liens. Tex. R. Civ. P. 621, 629

If anything seems unclear—such as how interest is calculated or whether all claims were included—speak with a Texas attorney before acting. Correcting errors early can prevent problems later.

Step 2: Identify What the Debtor Owns and Where They Earn Income

You generally cannot collect without first finding the debtor’s income and property. Helpful information includes:

• Current employer and work location
• Bank or credit union accounts
• Vehicles, boats, and recreational vehicles
• Non-homestead real estate (such as rental or investment property)
• Business interests or income from self-employment

You may already have some of this information from the original lawsuit. In other cases, Texas law allows tools such as post-judgment discovery, where the debtor may be required to answer written questions, produce documents, or appear for a deposition about assets and income. Tex. R. Civ. P. 621a

Because Texas has strong protections for certain income and property, it is important to focus your efforts on assets that are legally available for collection.

Understanding Texas Exemptions: What Is Protected

Texas law protects certain property and income from most creditors through statutory and constitutional exemptions. While the details can be complex and depend on your specific situation, common protections may include:

• A qualifying homestead (primary residence), subject to acreage and other limits Tex. Const. art. XVI, § 50 Tex. Prop. Code §§ 41.001–41.002
• Certain personal property up to statutory limits, like basic household goods and personal effects Tex. Prop. Code §§ 42.001–42.002
• Many retirement accounts, some insurance benefits, and similar assets, when they meet statutory requirements Tex. Prop. Code § 42.0021
• Current wages for personal services, which are generally exempt from garnishment by most creditors, with important exceptions such as court-ordered child support, spousal maintenance, certain taxes, and federally guaranteed student loans Tex. Const. art. XVI, § 28 Tex. Prop. Code § 42.001(b)(1)

These protections mean that even if you have a valid judgment, you may not be able to reach everything the debtor owns or earns. On the other hand, non-exempt property—such as some investment real estate, non-protected bank balances, or certain business assets—may be available to satisfy your judgment. Tex. Prop. Code ch. 42

A Texas lawyer can help you distinguish between exempt and non-exempt assets before you spend time and money on collection efforts.

Common Texas Tools for Collecting Court Judgments

Once you have a final judgment and information about the debtor’s assets, you and your attorney can consider one or more collection tools allowed under Texas law. Tex. Civ. Prac. & Rem. Code § 34.001 Tex. Civ. Prac. & Rem. Code §§ 31.002–31.0025

1. Judgment liens against real property

A judgment lien is a legal claim you can place against certain non-homestead real estate in the county where you properly record an abstract of judgment. If the debtor later sells or refinances the property, your lien may need to be addressed before the transaction can close. Tex. Prop. Code §§ 52.001, 52.0012

Key ideas:

• You must obtain and properly record an abstract of judgment with the county clerk in counties where the debtor owns non-exempt real property, and it must be properly indexed to create a lien.
• A judgment lien typically does not attach to a properly qualified homestead, but may attach to non-homestead real estate. Tex. Prop. Code § 52.0012
• Judgment liens usually expire after a set period if the underlying judgment is not kept alive or the lien is not renewed. Tex. Prop. Code § 52.006

2. Writs of execution on non-exempt property

A writ of execution is a court order directing a Texas constable or sheriff to locate and levy on non-exempt property of the debtor. The property may be seized and sold, and the proceeds applied toward your judgment. Tex. Civ. Prac. & Rem. Code § 34.001 Tex. R. Civ. P. 621, 629

Examples of property that may be subject to a writ of execution (if not exempt) include:

• Non-exempt vehicles or recreational equipment
• Non-exempt bank account balances
• Certain business assets or inventory, depending on the circumstances

Because exemptions and procedural rules are strict, writs of execution should be planned carefully with legal guidance.

3. Garnishment (limited but powerful)

Texas strongly protects current wages for personal services from garnishment by most private creditors, but garnishment may still be available in specific situations, including to collect certain types of judgments or to reach non-exempt funds after they have been deposited into a bank account. Tex. Const. art. XVI, § 28 Tex. Civ. Prac. & Rem. Code ch. 63

Garnishment is technical, and errors can expose a creditor to liability. Whether particular funds in an account are exempt can also be complicated. Legal review is critical before filing a garnishment action.

4. Turnover proceedings and receiverships

If ordinary collection methods are not working, Texas courts may use turnover orders or appoint a receiver. These are court-supervised processes that can require the debtor to turn over non-exempt assets, or empower a receiver to locate and liquidate assets to pay the judgment. Tex. Civ. Prac. & Rem. Code §§ 31.002–31.0025

These remedies can be especially helpful with:

• Complex assets or business interests
• Debtors who refuse to cooperate
• Assets located in multiple counties

Turnover and receivership proceedings involve detailed statutory and case-law requirements, so they are typically handled by experienced counsel.

Special Considerations for Family-Related Judgments

Many Texas families hold judgments arising from divorce, child-related expenses, or support obligations. These cases can involve both family-law and judgment-collection rules.

Issues to consider include:

• Support vs. property division: Child support and spousal maintenance are treated differently under Texas law than a property-division award or reimbursement claim, and they may be enforced through specific family-law remedies. Tex. Fam. Code ch. 157
• Coordination with family court orders: You may need to enforce a family-court order through specific procedures in that court (such as a motion for enforcement or contempt proceeding).
• Income withholding orders: In many support cases, courts can order income withholding through an employer, in addition to or instead of traditional collection tools. Tex. Fam. Code ch. 158

Because family-related judgments can affect children, housing, and long-term financial security, working with an attorney who understands both family law and collection law is especially important.

Judgment Interest, Fees, and Partial Payments

Many Texas judgments accrue interest and may allow recovery of certain costs associated with collection. The specific rate and terms usually depend on the judgment and applicable law.

Important points:

• Interest: Your judgment may earn post-judgment interest at a rate determined by Texas law and the date of the judgment, unless a different lawful rate is specified. Tex. Fin. Code § 304.003 Tex. Fin. Code § 304.005
• Payments: If the debtor makes partial payments, they generally reduce the balance owed, but interest may continue to accrue on the remaining amount.
• Attorney’s fees and costs: In some situations, you may be able to recover additional fees or costs incurred while enforcing the judgment, if authorized by statute or the judgment itself.

Because small differences in interest and cost calculations add up over time, having an attorney verify your numbers before sending demands or filing enforcement actions can prevent disputes and protect your credibility with the court.

Time Limits and Keeping Your Judgment Alive

Judgments do not last forever. Texas law sets time limits on how long a judgment may be enforced and on how long certain liens remain effective.

In many civil cases, a Texas judgment must be enforced by writ of execution within 10 years, or it becomes dormant unless it is properly revived or renewed through legally recognized procedures. Tex. Civ. Prac. & Rem. Code § 34.001

Similarly, a judgment lien created by an abstract of judgment typically expires after 10 years if not preserved, even if the judgment itself can still be revived or enforced in other ways. Tex. Prop. Code § 52.006

These time frames can vary based on:

• The type of court that issued the judgment
• The age of the judgment
• Whether the judgment has already been renewed or revived
• Whether the debtor has made payments or otherwise acknowledged the debt
• Whether the judgment is for child support or other obligations that have specialized enforcement rules

Because missing an enforcement deadline can permanently affect your ability to collect, it is important to consult a Texas lawyer well before you approach the end of any applicable period.

When to Talk to a Texas Judgment-Collection Lawyer

Not every judgment requires aggressive collection efforts, but speaking with a lawyer early can help you make informed choices.

You may want legal help if:

• The judgment amount is significant for your family’s financial stability
• The debtor owns property in multiple Texas counties or in other states (which may require additional steps to domesticate and enforce the judgment)
• You believe the debtor is hiding or quickly moving assets
• You are unsure which assets are exempt or non-exempt
• A prior collection attempt failed or was challenged

An attorney can:

• Review your judgment and explain your options
• Evaluate which tools—liens, writs, garnishment, or turnover—fit your situation
• Handle filings and coordinate with constables or sheriffs
• Negotiate structured settlements or payment plans when appropriate

If you are ready to explore your options, you can contact our Texas judgment-collection team to discuss your situation and potential next steps.

Frequently Asked Questions About Collecting Texas Judgments

How long do I have to collect a Texas judgment?

In many civil cases, you generally have 10 years to enforce a Texas judgment by writ of execution before it becomes dormant, unless you properly revive or renew it. Specific time limits can vary, so speak with a Texas attorney about your particular judgment.

Can I garnish the debtor’s paycheck in Texas?

For most private debts, Texas law does not allow wage garnishment of current wages for personal services. There are important exceptions, including court-ordered child support, spousal maintenance, certain taxes, and federally guaranteed student loans.

Will a judgment lien attach to the debtor’s homestead?

Generally, a properly qualified Texas homestead is exempt from most judgment liens, although a lien may attach to non-homestead real property. Homestead questions can be complex, so legal advice is important.

What if the debtor moves to another state?

If the debtor moves, you may need to domesticate your Texas judgment in the new state before you can use that state’s collection tools. A Texas lawyer can coordinate with counsel in the other state if needed.

Protect Your Texas Family by Acting Proactively

A Texas judgment is an important legal asset, but it will not collect itself. The sooner you understand your rights and develop a plan, the more likely you are to recover money that can protect and support your family.

If you or a loved one holds an unpaid Texas judgment, consider speaking with a Texas attorney promptly to:

• Confirm that your judgment is enforceable
• Identify reachable income and non-exempt assets
• Choose the most effective and cost-efficient collection tools

Taking timely, informed steps now can help safeguard your family’s future and increase the chances that a hard-won court victory is translated into real financial recovery. To get started, please contact our office.

Disclaimer

This blog post is for general informational purposes only and reflects a summary of Texas law as of the date listed above. It is not legal advice, does not address every type of judgment or exception, and may not reflect recent changes in statutes, rules, or case law. Reading this post does not create an attorney-client relationship. You should consult a licensed Texas attorney about your specific circumstances before taking any action related to a court judgment or collection efforts. For personalized advice, please contact our office.