The Cromeens Law Firm, PLLC
Free Consultations Spanish Translation Available

Strong, Loyal and Dependable Representation

Contact Us Today

Slaying the Beast, Part 2: Debt Collection Post-Judgment

Now that you have crossed your eyes and plotted your liens in an effort to collect on a debt, you have a brand new judgment in your pocket and are now ready for action. You've done everything within your legal power up to this point. It's time to finally get way or another.

Blog - Collections Part 1.jpg

Enter a World of Discovery

After winning the judgment, you're now able to collect on the debt by way of a post-judgment discovery. A post-judgment discovery will allow you to locate the debtor's assets and retain them as payment for the money you are owed.

It's pretty simple. The court will pose questions to the debtor as to the whereabouts of his or her assets. If the debtor refuses to respond and reveal the location of their assets, they can be held in contempt of court and face jail time.

Abstract of Judgment

An abstract of judgment allows you to effectively put a halt to the selling of or purchasing of property by the debtor until they have paid their debt in full. The abstract of judgment is filed with the clerk in every county where the debtor owns property.

Putting a stop to the purchasing and selling of property may work against some debtors, but what if property really isn't their thing? There are other options; namely, hit them in their wallet.

Freeze Their Funds

Okay, okay, a writ of garnishment, on the surface, looks like another lawsuit, but this one is filed against the bank where the debtor does business, effectively freezing their accounts.

Account numbers? We don't need no stinkin' account numbers for a writ of garnishment! All you need to know is the name and location of the bank to file the writ.

Execution is Everything

When all else fails, it's time to involve the local law enforcement by having the court clerk issue a writ of execution. Surely the flash of a badge will result in full payment.

Once the court clerk issues the writ of execution, the sheriff or constable where the debtor resides will exercise his authority to collect any non-exempt property. This is most useful for operating companies because they don't have any exempt property.

However, individuals have a lot of exemptions that would not be available to satisfy a judgment.

And here's the best part: a writ of execution allows you to take any real property not considered a homestead, such as campers, weekend race cars, ATVs, etc.

A writ of execution can also be used to sell real property owned by a company.

When it comes down to it, relief comes in many shapes and sizes for the collection of a debt post-judgment. Your best bet is to contact The Cromeens Law Firm for expert legal advice from Texans who have years of experience in navigating debt collection law.

The Cromeens Law Firm provides clients with experienced advice concerning Texas law in regard to debt collection. Speak with one of our experienced attorneys today by calling 713-489-5792 or contact us online to discuss your options.

This article is intended as a general educational overview of the subject matter and is not intended to be a comprehensive survey of recent jurisprudence, nor a substitute for legal advice for a specific legal matter. If you have a legal issue, please consult an attorney.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Call The Cromeens Law Firm, PLLC, To Speak With An Experienced Lawyer

Contact our law firm in Houston or San Antonio to speak with a lawyer who is intimately familiar with the law related to mechanic's liens, collections and contract disputes. Call 713-489-5792 to schedule a free consultation. We accept credit cards, and Spanish translation is available.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Cromeens Law Firm, PLLC - Houston Construction Litigation Lawyer

Houston Office 8431 Katy Freeway Houston, TX 77024 Phone: 713-489-5792 Phone: 713-715-7334 Fax: 713-715-7335 Map & Directions

San Antonio Office 2014 S. Hackberry Street #12B San Antonio, TX 78210 Phone: 210-328-1645 Map & Directions