Legal Question in Civil Litigation in Texas

Won in Small Claims Court; Now Trying to Collect My Money

My wife and I won a judgement in small claims court in Plano, Texas, and now we are trying to collect our money. We've filed an Abstract of Judgement and have been told a Writ of Execution works only about 1% of the time. I now want to put a lein on his car and freeze his bank account. How can I do this? What information do I need on him? What else can we do to try and collect our money?

Also, since this person has now been sued in court, will this appear on his credit report? If not, how can I put it on there?

Thanks in advance.


Asked on 4/28/98, 8:37 am

1 Answer from Attorneys

Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

What can you do with a judgment?

Texas is a haven for debtors. Many people are considered to be judgment proof because they do not have assets which are exempt from seizure under law. The Texas Property Code will tell you what types of assets are exempt from forced sale. Bank accounts may be garnished, and if there is a large amount of money in an account, it might be cost effective. If the individual has non-homestead real estate, then you might have some luck. You can try the county clerk's office to search the real estate records. You have learned a lesson that a judgment is just paper, not money. If the individual is in business, or has numerous assets, and if the judgment was properly obtained, with in personam jurisdiction, and there is no issue of bankruptcy, then you might get some relief. As for a writ of execution, they are great if you know what you are doing. The Sheriff won't do it for you, you must locate the assets yourself. With the low jurisdiction of justice courts, the amount may not normally lend itself to hiring a lawyer, but if it is close to $5,000.00 and if the individual has substantial assets or is in business, then you may wish to consult a lawyer to enforce the judgment.

This message does not constitute the hiring of this lawyer for any purpose. It is general information only and you should REALLY seek legal counsel immediately and hire them and pay them if you want legal information for your specific matter. This should merely be taken as general information for you to begin your research so that you will be better informed when you consult your lawyer.

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Answered on 5/20/98, 10:19 am


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