Legal Question in Credit and Debt Law in Texas

Re: Abstract of Judgment

An abstract of judgment gives you a lien interest on any real estate the judgment debtor may have in the county where the abstract is filed. If he has real estate that's not his homestead, like a lake-house, you can levy and sell that property through the sheriff or constable. You can't levy and sell a homestead.

A writ of execution and sale authorizes the sheriff or constable to seize and sell any non-exempt property. Unfortunately, most personal property is exempt from sale in Texas, but sometimes the threat is enough to get them to cough up some money. Remember the constable or sheriff also gets a percentage of what they collect for you.

If you can find where he banks, you might get a writ of garnishment against the bank. Just remember that the bank's attorney gets paid first, and if you haven't trapped enough money in the bank, you have to pay the balance. Finding out that information is difficult at best, and almost impossible due to the privacy laws.

You can find out where he works, but that really makes no difference because you cannot garnishee wages in Texas.