Collecting Your Judgment: How to Take Action and Recover What’s Yours
When you’ve won a judgment in your favor, the next critical question is: how do you actually collect the money you are owed? It’s a common frustration for many creditors—having a court ruling in your favor, but struggling to get the funds you deserve. The truth is, obtaining a judgment is just the beginning, and effective collection requires knowledge of the law, strategic planning, and experience.
As an attorney with 25 years of experience in bankruptcy law and judgment collections, having filed over 4,000 Chapter 7 and 13 bankruptcy cases in the Southern District of Texas (Houston and Galveston Divisions), I’ve worked extensively with both debtors and creditors. My focus is on helping creditors like you enforce judgments, recover owed amounts, and navigate the collection process using powerful tools like writs of garnishment.
What Is a Writ of Garnishment?
Once you’ve obtained a judgment, the next step to collect what’s owed is often through a writ of garnishment. This legal process allows you to collect money directly from a debtor’s bank account, wages, or other assets, effectively freezing the debtor’s financial resources and turning them over to you.
While garnishment is one of the most effective collection tools available, it’s also one that requires a detailed understanding of the law, especially when it comes to Texas exemptions and the processes within the justice court system.
The Writ of Garnishment Process in Texas
When you’ve secured a judgment, garnishment can be a powerful way to get your money. Here’s how it works in Texas:
- Filing the Writ: After you’ve obtained a judgment, you’ll need to file for a writ of garnishment in the appropriate court. This usually involves the justice court if the judgment is for smaller amounts. You’ll need to ensure that the writ is filed in the proper court and the debtor’s bank or employer is served with the writ.
- Serving the Writ: Once the court approves the writ, it must be served to the debtor’s bank or employer. This freezes any funds or wages the debtor has in those accounts or through their employer, and those funds are then directed to you.
- Texas Exemptions: Texas law offers certain exemptions that may protect some of the debtor’s assets from garnishment. For instance, wages under a certain threshold, retirement funds, and specific other assets may be exempt. As someone with decades of experience, I can navigate these exemptions and ensure you’re not wasting time pursuing funds that are legally protected.
- Collection from Garnishment: Once the writ is in place and assets are frozen, the court will direct the funds to you. This can take some time, but if you have a judgment in place, this is a clear path to recovery.
How Justice Courts Help With Judgment Collections
In Texas, the justice courts play a significant role in post-judgment collections. These courts are often the place where smaller claims, including garnishments, are handled. Filing a writ of garnishment in the correct court and following through with the legal process is vital for successful collection.
Once a writ is filed, the court will oversee the process to ensure that any garnishment order is appropriately served and followed. If the debtor challenges the garnishment, you may need to work through additional legal steps. But don’t worry—having an experienced attorney can help you navigate this process, ensuring everything stays on track.
Why You Need an Experienced Collections Attorney
Collecting a judgment isn’t always straightforward, and it’s important to understand the full legal process involved. As a creditor, you may encounter obstacles in trying to collect what you’re owed, but with the right legal help, you can significantly increase your chances of success.
With over 25 years of experience working on debtor collections, including bankruptcies and judgment enforcement, I can assist you with everything from filing writs of garnishment to understanding Texas exemptions. I specialize in creditor law and helping clients collect from debtors, so you can focus on what matters most: recovering what is rightfully yours.
Take Action Now
If you have a judgment but need help collecting, don’t wait for the debtor to voluntarily pay. There are legal tools at your disposal to help you recover your money quickly and efficiently. Let me help you through the process and ensure you’re fully equipped to handle garnishments, legal challenges, and everything in between.
Call us today at (713) 974-1151 for a consultation or email us at [email protected] to learn how we can help you collect what’s owed to you.
