Legal Question in Family Law in Texas
I have received a judgement in my divorce by default. How do I go about collecting his debt to me? This divorce was filed in Texas.
1 Answer from Attorneys
Collecting a judgment in Texas is difficult.
Most people in Texas are "judgment proof," which means that they don't have any non-exempt property (property that isn't exempt from seizure). This means that a writ of execution wouldn't do you any good. However, for around $100, you can run the writ. Go the the clerk's office, and bring his (the debtor's) address with you.
You can garnish the debtor's bank account if you know where he banks AND you're sure that he has funds on deposit. The filing fee for a garnishment is $300.00; you don't want to hit his bank with a garnishment if he has only $55 in the bank.
You can spend about $20 and record an abstract of judgment in the county where he lives. The clerk of the court (the one that gave you the judgment) issues the abstract, and you take it to the county clerk's office to be recorded.