Debt Collection, Part 3: Post-Judgment Remedies

iStock 887588804

Here we are at the final stage. You covered your bases during the pre-application process, decided to extend credit to the consumer, took steps to reduce your risk while the credit relationship was still good, followed the proper protocol when it came time to collect the debt, and won a judgment following a successful lawsuit. Now you can collect the money, right?

In the final part of this three-part series, we will discuss what you can do once a judgment has been rendered in your favor. Grab the popcorn, sit back, and enjoy the show. Here’s where you get paid.

Finders Keepers

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. You or your attorney 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 expert 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.

 

 

Similar Posts

  • Ensuring Operational Safety When Utilizing Boom Lifts

    Boom lifts have been a popular type of equipment on construction sites for years. The lift’s versatility makes it a perfect choice for tasks that need to be completed at a significant height. However, operators need specialized training to use this type of aerial lift. To keep a work site safe, boom lift operators must…

  • 5 Construction Permitting Strategies to Prepare for a Possible Fed Rate Cut in 2025

    With the Federal Reserve signaling it may shift toward lowering interest rates later in 2025 — and the current administration applying subtle pressure for rate relief — the construction industry is watching closely. While a rate cut hasn’t happened yet, conversations around average inflation targeting and monetary easing have gained momentum. For contractors, architects, and…

  • The Construction Business Is Changing. Are Your Permitting Strategies Keeping Up?

    If you’ve been in the design and construction business for any length of time, you already know: the only thing constant is change. Lately, the PermitUsNow team has been fielding a surge of calls from general contractors and project owners facing new market pressures — specifically around tariffs.  The headlines are scary. Tariffs on imported…

  • Commercial Real Estate Permitting Has Become a Strategic Advantage in Texas

    Commercial Real Estate Permitting has become one of the most important factors influencing the success of development projects across Texas. As higher interest rates, tighter lending conditions and increased market uncertainty place greater pressure on project economics, developers can no longer afford to view permitting as a routine administrative step. Today, Commercial Real Estate Permitting…

  • The Top 3 Secrets to Pulling Permits in Round Rock

    Breaking ground on your dream construction project in Round Rock, TX, is an exciting time. But before you can start building, you must have all the necessary permits. Pulling permits can be tricky, especially because every city has its specific set of building codes and regulations—and Round Rock is no exception. But we are here…

  • Fighting the Fatal Four: OSHA-Based Solutions to Construction’s Deadliest Hazards

    At first glance, the concept of the “fatal four” may sound like a scare tactic implemented by the Occupational Safety & Health Administration (OSHA) to keep construction workers on their toes. However, these four hazards accounted for nearly 64% of construction worker deaths in 2016. OSHA has even determined that eliminating the risks of the…