Stop Deadbeat Debtors: How to Execute Your Judgment in Texas

You Won in Court—Now What?

A Texas judgment is a court’s formal decision that someone owes you money. But the court does not collect the money for you, and a judgment by itself does not force a debtor to pay.

Executing your judgment means using the legal mechanisms Texas law provides to locate the debtor’s assets and, when appropriate, seize or place liens on those non-exempt assets to satisfy what you are owed. See, for example, the Texas Civil Practice and Remedies Code provisions on execution (Tex. Civ. Prac. & Rem. Code ch. 34).

Many creditors are surprised to learn:

• The court will not automatically enforce or collect the judgment for you.
• Debtors are not always cooperative, even after losing in court.
• Texas has strong protections for certain property, but it also provides effective tools for creditors who follow the rules.

An experienced Texas collections attorney can help you move from a judgment you cannot use to a realistic enforcement plan that stays within state and federal law.

What Does It Mean to Execute a Texas Judgment?

Execution is the process of enforcing a civil money judgment. In Texas, this usually involves:

• Identifying the debtor’s non-exempt assets, meaning property that may legally be used to satisfy a judgment.
• Choosing the right enforcement tools, which can include:
  • Writs of execution (Tex. Civ. Prac. & Rem. Code ch. 34)
  • Judgment liens created by properly recorded abstracts of judgment (Tex. Prop. Code ch. 52)
  • Garnishment of certain non-wage property (Tex. Civ. Prac. & Rem. Code ch. 63)
  • Turnover orders and receiverships (Tex. Civ. Prac. & Rem. Code § 31.002)
• Following strict procedures and deadlines in Texas statutes and court rules, including post-judgment discovery rules (Tex. R. Civ. P. 621a).

If you skip steps, miss procedural requirements, or target exempt property, your efforts can be delayed, challenged, or even undone by the court. The right approach depends on what the debtor owns, how it is titled, and whether it is protected by Texas or federal exemption laws.

Step 1: Find the Debtor’s Assets

Texas law authorizes post-judgment discovery to help a judgment creditor locate the debtor’s assets. Under Texas Rule of Civil Procedure 621a, you may use the usual civil discovery tools after judgment for the purpose of obtaining information to aid in the enforcement of the judgment.

Common methods to identify assets include:

• Post-judgment written discovery. You can send interrogatories, requests for production, and requests for disclosure asking about income sources, bank accounts, vehicles, real estate, business interests, and other property.
• Depositions. You may depose the debtor under oath about where they work, where they bank, what they own, and whether they have transferred property to others.
• Public records searches. Counsel can search county property records, UCC filings, vehicle records, business-entity filings, and court records to locate real estate and other assets.
• Third-party discovery. In appropriate circumstances, creditors can subpoena banks, employers, tenants, or business partners to learn about accounts, receivables, or other assets connected to the debtor.

Careful, lawful investigation is essential. Shooting in the dark with writs and garnishments can waste time and money and may expose you to challenges or sanctions if done improperly.

Step 2: Use a Writ of Execution on Non-Exempt Property

A writ of execution is a court process that authorizes a sheriff or constable to seize a judgment debtor’s non-exempt property and sell it to help pay the judgment. Texas execution procedures are primarily governed by Tex. Civ. Prac. & Rem. Code ch. 34.

In broad outline, the process is:

• You request issuance of a writ of execution from the court that rendered your judgment, stating the unpaid amount, plus allowable interest and costs.
• The clerk issues the writ to the sheriff or constable in the county where the debtor’s property is located.
• The officer attempts to locate and levy on non-exempt property, for example, certain vehicles, equipment, inventory, or other personal property not protected by exemptions.
• Levied property may be sold at a public sale, and the proceeds are applied to the judgment, subject to court rules and any superior liens.

Execution is a powerful tool, but it must respect Texas exemption laws found in the Property Code (homestead, Tex. Prop. Code ch. 41) and personal property exemptions, Tex. Prop. Code ch. 42. Trying to seize clearly exempt property, such as a properly established homestead in most consumer-debt situations, can lead to objections, delays, and additional expense.

Step 3: Record an Abstract of Judgment and Create Liens

If the debtor owns non-exempt real property in Texas, recording an abstract of judgment in the appropriate counties can create a judgment lien on that property, provided statutory requirements are met. Judgment lien rules are primarily found in Tex. Prop. Code ch. 52.

Key concepts include:

• Abstract of judgment. An abstract is a summary of the judgment prepared by the clerk. When properly issued and recorded in the county where the debtor owns real property, it can create a lien on the debtor’s non-exempt real estate in that county.
• Effect of the lien. A valid judgment lien can make it difficult for the debtor to sell or refinance affected real property without addressing your judgment, because title companies typically search for and flag recorded judgment liens.
• Homestead limitations. Texas law provides strong protection for qualifying homesteads. For many consumer-type debts, a judgment lien will not attach to a properly established homestead. See generally Tex. Prop. Code ch. 41. Whether a specific property is exempt as a homestead is often a fact-intensive question.

Because abstracts of judgment are relatively inexpensive to record, they can be a cost-effective way to increase leverage over time, especially when the debtor owns investment or commercial real estate.

Step 4: Garnish Certain Bank Accounts or Debts (Not Wages for Most Consumer Debts)

Many creditors assume they can garnish a Texas debtor’s paycheck. For most ordinary consumer and business judgments, that is not the case. The Texas Constitution provides that current wages for personal services are generally exempt from garnishment, with limited statutory exceptions. See Tex. Const. art. XVI, § 28.

However, Texas law does allow garnishment of certain non-wage property, including:

• Non-exempt funds in bank or investment accounts held in the debtor’s name
• Some debts owed to the debtor by third parties, such as certain accounts receivable

Garnishment procedures and limits are set out in Tex. Civ. Prac. & Rem. Code ch. 63 and relevant federal law.

In a typical bank garnishment:

• You file a separate garnishment action against the bank or other garnishee.
• If the court grants the application, the garnishment order can require the garnishee to freeze and, after further process, turn over non-exempt funds held for the debtor, subject to exemptions and defenses.

Certain types of funds, such as many Social Security benefits and some veterans’ benefits, are protected from most garnishments under federal law, and Texas law adds its own exemptions. Because improper or overbroad garnishment can be costly and may expose you to liability, it is important to evaluate garnishment carefully with counsel.

Step 5: Use Turnover Orders and Receivers to Reach Hard-to-Grab Assets

Sometimes a debtor’s assets are not easily reached through ordinary writs or garnishments, for example, when assets are held through business entities, consist of contract rights or accounts receivable, or are located outside Texas.

In such cases, a creditor may seek relief under Texas’s statutory turnover remedy. Under Tex. Civ. Prac. & Rem. Code § 31.002, a court may:

• Order the judgment debtor to turn over non-exempt property that cannot readily be attached or levied on by ordinary legal process, and
• Appoint a receiver with authority to take possession of non-exempt property, collect income, and apply proceeds toward the judgment under the court’s supervision.

Turnover and receivership can be especially helpful when the debtor is actively concealing assets, when value is tied up in closely held businesses or intangible rights, or when more conventional methods have failed. Because courts have significant discretion in granting and shaping turnover relief, these tools are best pursued with experienced counsel.

Texas Exemptions: What You Usually Cannot Take

Texas is well known for strong exemption laws, rules that protect certain property from most judgment creditors. Key protections appear in Tex. Prop. Code ch. 41 (homestead) and ch. 42 (personal property exemptions), as well as in other state and federal statutes.

Subject to statutory limits and qualifications, commonly protected property includes:

• Homestead. A qualifying urban or rural homestead is generally exempt from forced sale for many types of debts, with limited constitutional and statutory exceptions.
• Certain personal property, up to aggregate value caps. Examples may include:
  • Household furnishings and family heirlooms
  • Tools, equipment, and books of a trade or profession
  • Certain vehicles, animals, and agricultural items
• Qualifying retirement accounts and certain insurance interests.
• Most current wages for personal services (before deposit) for ordinary consumer-type debts. See Tex. Const. art. XVI, § 28

Whether a specific asset is exempt depends on the type of debt, the nature and use of the property, and how it is owned or titled. Before pursuing aggressive collection, it is important to:

• Avoid targeting property that is clearly exempt under Texas or federal law.
• Identify non-exempt assets that are both reachable and cost-effective to pursue.
• Understand how state exemptions interact with federal protections, for example, for Social Security benefits.

Strategic Considerations: Cost, Leverage, and Debtor Behavior

Collecting a judgment is both a legal and a business decision. Effective Texas judgment enforcement takes into account:

• Cost versus benefit. Some tools, like recording abstracts of judgment, are relatively low cost. Others, like contested garnishments or receiverships, can be more expensive and time-consuming. Your enforcement plan should reflect the likely value and accessibility of the debtor’s assets.
• Leverage versus relationship. In some cases, you may want to maintain an ongoing business relationship; in others, you may choose to apply maximum lawful pressure. Strategy should be tailored to your goals.
• Debtor cooperation. Some debtors negotiate payment plans once they understand that you are prepared to use available enforcement tools. Others remain uncooperative until enforcement actions begin in earnest.
• Priority among creditors. If multiple creditors are pursuing the same debtor, timing and proper perfection of liens, for example, through abstracts of judgment under Tex. Prop. Code ch. 52, can affect your place in line.

When the Debtor Hides Assets or Plays Games

Some judgment debtors attempt to stay a step ahead of creditors by moving assets, using relatives or shell entities, or otherwise engaging in asset-protection tactics. Texas law provides tools to address many of these issues, including:

• Fraudulent-transfer law. Transfers made with actual intent to hinder, delay, or defraud creditors, or that meet certain statutory criteria, can be challenged and, in some cases, unwound under Tex. Bus. & Com. Code ch. 24.
• Charging orders. If the debtor owns interests in certain business entities, a creditor may be able to obtain a charging order against the debtor’s distributions from that entity, subject to statutory limits and the entity type.
• Turnover and receivership. As noted above, turnover relief and receivership under Tex. Civ. Prac. & Rem. Code § 31.002 can help reach non-exempt property that is otherwise difficult to access.

Asset-protection maneuvers can be sophisticated, and the longer you wait to act after obtaining a judgment, the more opportunities a determined debtor may have to rearrange their affairs.

How Long Do You Have to Enforce a Texas Judgment?

Texas law imposes time limits on judgment enforcement. As one key example, if a writ of execution is not issued within 10 years after a judgment is rendered in a court of record, the judgment can become dormant and may not be enforced by execution unless properly revived. See generally Tex. Civ. Prac. & Rem. Code § 34.001. Additional provisions govern how and when a dormant judgment may be revived. Because limitations and dormancy rules can be complex and fact-specific, timely advice from counsel is important.

Why Work With a Texas Judgment Enforcement Attorney?

Texas judgment enforcement involves a mix of statutes, constitutional provisions, and procedural rules that can be unforgiving if you make mistakes. A Texas attorney experienced in collections can help you:

• Analyze the judgment and identify realistic sources of recovery.
• Conduct lawful, effective post-judgment discovery (Tex. R. Civ. P. 621a).
• Choose the right tools, including execution (Tex. Civ. Prac. & Rem. Code ch. 34), judgment liens (Tex. Prop. Code ch. 52), garnishment (Tex. Civ. Prac. & Rem. Code ch. 63), turnover and receivership (Tex. Civ. Prac. & Rem. Code § 31.002), or negotiated payment arrangements.
• Avoid chasing exempt property or actions that are not cost-effective.
• Navigate objections from the debtor and other creditors, including exemption claims, motions to quash, and competing liens.

While no enforcement strategy can guarantee recovery, a focused, legally sound plan significantly improves your chances of turning a paper judgment into actual payment.

Next Steps if You Have an Unpaid Texas Judgment

If you hold a Texas judgment that has not been paid, consider the following steps:

• Gather your documents. Collect the judgment, any related orders, payment history, contracts, and whatever information you already have about the debtor’s assets and employment.
• Avoid informal self-help collection. Do not harass the debtor, threaten unlawful action, or attempt to seize property without proper legal authority.
• Talk with a Texas attorney about your options. A lawyer can evaluate your judgment, the debtor’s likely assets, applicable exemptions, and deadlines, then propose a practical enforcement plan tailored to your situation.
• Act sooner rather than later. Dormancy periods and other time limits can reduce your options if you wait too long.

To discuss a specific judgment or potential enforcement strategy under Texas law, you can contact our firm to request a consultation with a Texas judgment-enforcement attorney.

Frequently Asked Questions About Texas Judgment Enforcement

Can I garnish a debtor’s wages in Texas for a typical civil judgment?

For most ordinary consumer and business debts, current wages for personal services are constitutionally exempt from garnishment in Texas. Limited exceptions exist, such as certain child support, spousal support, and some government-related obligations. In many civil cases, you will need to look to non-wage assets, such as bank accounts or non-exempt property, instead of wage garnishment.

How long is my Texas judgment good for?

As a general rule, if a writ of execution is not issued within 10 years after a judgment is rendered in a court of record, the judgment can become dormant and may not be enforced by execution unless properly revived. Specific rules apply to justice court judgments and to reviving dormant judgments, so you should consult a Texas attorney promptly about timelines in your case.

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

Texas law provides strong protection for a qualifying homestead. For many consumer-type debts, a judgment lien does not attach to a properly established homestead, even if you record an abstract of judgment in the county records. Because homestead questions can be fact-intensive and there are limited exceptions, you should have a Texas lawyer evaluate any specific property before relying on a judgment lien.

What if I think the debtor is hiding assets?

If you suspect that a debtor is moving assets or using others to hide property, Texas law offers tools such as post-judgment discovery, fraudulent-transfer actions, turnover orders, receiverships, and charging orders against certain business interests. These remedies are complex and fact-specific, so you will typically need targeted legal advice to choose and pursue the best option.

Do I need a lawyer to enforce a judgment in Texas?

Individuals are allowed to represent themselves in Texas courts, but judgment enforcement is highly procedural and error-prone. Businesses usually must appear through counsel, and even individual creditors often benefit from having a Texas collections attorney handle writs, discovery, liens, garnishments, and turnover proceedings to avoid costly mistakes.

How do I get started with your firm?

The fastest way to explore your options is to schedule a consultation with a Texas judgment-enforcement attorney. You can start that process by visiting our contact page and submitting a short description of your situation. We will review the information and let you know about potential next steps. To begin, please contact us today.

Texas-Specific Disclaimer

This article is for general informational purposes only and reflects Texas law as of the last-reviewed date above. It is not legal advice, does not create an attorney–client relationship, and may not address all recent legal developments or the facts of your particular situation. You should consult a licensed Texas attorney before taking or refraining from any action based on this information.