Post-Judgment Collections
Won on paper. Paid in full.
A judgment is a court's permission to collect, not a check, and a debtor who wouldn't pay before the trial rarely volunteers after it. Hank handles post-judgment collection for businesses and judgment creditors, turning a verdict on paper into money through the enforcement tools Texas law provides, and he starts by finding what the debtor has and where it is.
Collection begins with discovery of assets. Hank uses post-judgment depositions, written questions, and document demands to make the debtor disclose bank accounts, receivables, equipment, and real estate under oath, and investigates the transfers a debtor makes to put property beyond reach, which a court can unwind as fraudulent.
Once the assets are located, Hank deploys the remedy that reaches each one. An abstract of judgment recorded in a county creates a lien on the debtor's real estate there; a writ of execution lets a constable seize and sell nonexempt property; a writ of garnishment captures bank accounts and money third parties owe the debtor; and a turnover order forces the debtor to hand over assets a sheriff can't easily reach, from accounts receivable to business interests. Texas exempts a homestead and certain personal property, so he targets what the law allows and leaves what it protects.
Hank has enforced judgments against businesses and individuals who could pay and chose not to, and has defended debtors against overreaching collection. Every engagement works toward the same result, a judgment converted into the largest recovery the debtor's assets allow.
Services Include
- Judgment enforcement
- Debtor discovery
- Collection strategy
- Settlement negotiation
- Garnishment and turnover coordination
- Judgment liens and abstracts
- Post-judgment motion practice
- Recovery planning
Post-Judgment Collections Insights
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.
Read articleFraudulent 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.
Read articlePost-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.
Read articlePost-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.
Read articleWrits 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.
Read articleTexas 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.
Read articleRelated Work
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