Post-judgment collection insights on asset discovery, enforcement tools, exemptions, and fraudulent transfers.
A Texas judgment establishes an enforceable obligation. It doesn't identify collectible property or select the procedure that applies to it. An abstract of judgment records a lien against qualifying real property. A writ of execution authorizes an officer to levy on property subject to execution. A turnover order directs nonexempt property toward satisfaction of the judgment and may place that property under a receiver's control.
Read MoreA judgment entered outside Texas establishes the creditor's adjudicated claim. Texas collection authority begins when the creditor places the judgment within a Texas or federal enforcement system that has authority over the property.
Read MoreA debtor can't defeat a creditor by transferring property to a relative, affiliated company, or cooperative business partner while keeping the benefit of the property. Chapter 24 of the Texas Business and Commerce Code allows a creditor to challenge specified transfers and obligations that hinder collection or leave the debtor without adequate value.
Read MoreA judgment identifies who owes the money. Collection depends on information about bank accounts, real property, business interests, receivables, investments, and recent transfers.
Read MoreA Texas money judgment establishes the debtor's liability and the amount owed. Collection requires a separate enforcement strategy based on the debtor's assets, available exemptions, pending appellate proceedings, and the remedy that applies to each asset.
Read MoreA Texas judgment permits collection from property owned by the debtor and subject to seizure. Exemption law removes specified property from that process even when the judgment is final and unpaid.
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