Legal Question in Credit and Debt Law in Texas

Civil suit and payback

I took an individual to small claims court and won a judgment. It was for $3500.00 plus 10% interest. That was 5 years ago. I have received $2200.00 to date. I have a lien against him, but was wondering what else I could do. He is employed in the state of Texas and also a member of the Oklahoma Army Guard. I just wonder what I can do to get my money. Thanks


Asked on 1/22/04, 9:24 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Civil suit and payback

Collecting on a judgment against an individual in Texas is frequently harder than getting the judgment in the first place. You can't garnishee current wages, and you can't force a sale of his homestead.

If you know where he banks, you might be able to garnishee and trap enough money to pay the bank's attorney fees first, then satisfy all or part of the judgment remaining.

If you know where he lives, you can have a writ of execution and sale sworn out and given to the sheriff or constable in the county where he lives, and let the official see whether anything is not exempt, and can be seized and sold to help satisfy the judgment.

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Answered on 1/23/04, 9:49 am


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