Legal Question in Credit and Debt Law in Texas

collection on a civil judgment

In Jan 2000 I won a civil judgment in the 295th State District court in Houston. The judgment was for $8,000. I filed Pro Se, because I could not afford an attorney. The case concerned collection on a defaulted promissory note.

I sent a couple of letters attempting to facilitate collection after the judgment, but they were ignored.

I have extensive personal information on her and her husband (SSN, DL#, DOB, her most recent address, etc.), so locating her in the future should not be a problem.

However, chances are that she will simply ignore future attempts to collect. I don't want to sell this note to a collection agency. I would like to pursue all legal remedies available.

Texas law does not permit garnishing wages. I've researched filing a ''Writ of Execution'' to get at property, and a ''Writ of Garnishment'' to get at any money in bank accounts.

QUESTIONS: Will either of these approaches be recommended, and do you recommend that even though I filed Pro Se the 1st time, that I should I obtain one for any collection effort? Is it worth pursuing? If I file once, and the Writs are unsuccessful, can I file again?

Thank you very much for your assistance.


Asked on 7/21/01, 12:37 am

1 Answer from Attorneys
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: collection on a civil judgment

Yes, it's worth pursuing. If you know where the judgment debtor has bank accounts, file a writ of garnishment on the bank. If the debtor has property that is not a homestead, you can go after that.

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Answered on 7/23/01, 5:34 pm


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