Legal Question in Civil Litigation in Texas

I loaned $3000 to a friend and had to take him to small claims court and won the judgement however he still hasn't paid. What are my options now?


Asked on 7/05/10, 8:52 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

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 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.

Also, you can go to your local law library and ask to look at the Texas Collections Manual.

Read more
Answered on 7/06/10, 9:13 am


Related Questions & Answers

More General Civil Litigation questions and answers in Texas