Winning a lawsuit does not always mean you will immediately receive payment. In many cases, additional legal action is only required to enforce a judgment and recover the money or property awarded by the court. At Kretzer & Arnett, our attorneys assist clients throughout the Houston area with post-judgment enforcement and collections in both Texas state courts and federal courts.
Whether you are an individual or a business that has obtained a court judgment, our firm can help you pursue lawful collection strategies and protect your right to recover what you are owed. Call our office today to speak with a Houston judgment collection lawyer.
Cases litigated in U.S. District Courts are governed by the Federal Rules of Civil Procedure (FRCP), but when it comes to collecting a judgment, federal law often relies on state procedures
Under Federal Rule of Civil Procedure 69, enforcement of a federal court money judgment generally follows the collection procedures of the state court where the court is located, unless a specific federal statute applies. As a result, most federal judgments entered by courts in Texas are enforced using Texas post-judgment collection methods.
That means that creditors pursuing collection of a federal judgment in Texas typically rely on the same tools available in state court, including asset discovery, liens, writs of execution, and garnishments.
If a judgment debtor does not voluntarily satisfy the judgment, Texas law provides several mechanisms to identify assets and compel payment. Our attorneys tailor enforcement strategies based on the debtor’s financial situation and available property. Post-Judgment Discovery
Post-judgment discovery allows creditors to investigate a debtor’s assets, income, and financial accounts in order to identify property that may be seized or garnished.
Common Discovery tools include:
This discovery process is often essential to locating hidden or undisclosed assets.
A judgment creditor may create a lien on a debtor’s non-exempt real property by filing an Abstract of Judgment in any county where the debtor owns land.
Once recorded, the lien 1) attaches to eligible real property, 2) prevents sale or refinancing without satisfying the judgment, and 3) preserves the creditor’s priority over later creditors.
The lien will not, unfortunately, result in a collection on the debt or force immediate payment. What it will do, instead, is place a “block” in the way of the debtor selling the property, or refinancing its current mortgage, until the judgment has been enforced and the amount awarded by the court has been paid.
Under Texas Rule of Civil Procedure Rule 629 o(TRCP), courts may issue a “writ” of execution ordering a sheriff or constable to seize non-exempt property belonging to the debtor and sell it at public auction to satisfy the judgment.
Execution may be used against vehicles, equipment, inventory, or other non-exempt personal property.
Garnishment allows creditors to collect directly from third parties holding funds owed to the debtor. Common targets include bank accounts and accounts receivable owed to a business.
Garnishments do not depend on the debtor’s cooperation; it is often one of the most effective post-judgment collection methods under Texas law.
Recovering on a judgment can be complex, time-consuming, and frustrating–especially when debtors attempt to avoid payment. Our attorneys handle post-judgment enforcement and collection throughout Texas, including judgments entered in both state and federal courts.
If you are seeking to enforce a court judgment, speak with a Houston post-judgment enforcement attorney at Kretzer & Arnett to discuss available collection strategies and next steps. Call our office to schedule a consultation and begin the process of enforcing the judgment.
