Insights

Post-Judgment Collections

Post-judgment collection insights on asset discovery, enforcement tools, exemptions, and fraudulent transfers.

Domesticating and Enforcing Out-of-State Judgments in Texas

A judgment entered outside Texas doesn't authorize a Texas sheriff, constable, bank, or receiver to enforce it. Before using Texas collection remedies, a judgment creditor must establish an enforceable judgment in the Texas court system or register a qualifying federal judgment in a Texas federal court.

Fraudulent Transfers Under the Texas Uniform Fraudulent Transfer Act

A 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.

Post-Judgment Discovery: How to Find the Debtor's Assets Before You Can Seize Them

Before a creditor can garnish a bank account, levy on personal property, or appoint a receiver, the creditor needs to know what the debtor owns and where it's located. A writ of execution served on a constable who can't find non-exempt property produces a nulla bona return and a wasted filing fee.

Post-Judgment Enforcement in Texas: Turning a Judgment Into Payment

A 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.

Texas Property Exemptions for Judgment Creditors: Homesteads, Wages, and Protected Accounts

A Texas judgment creditor may collect from property that belongs to the debtor and is subject to seizure. Exemptions remove specified property from that collection process, even when the judgment is final and the debt remains unpaid.

Writs of Execution, Abstracts of Judgment, and Turnover Orders: The Three Core Enforcement Tools

Post-judgment enforcement in Texas uses three primary tools, each designed to reach a different category of assets. An abstract of judgment creates a lien on real property. A writ of execution directs law enforcement to seize and sell personal property.