Houston Bankruptcy: How to Collect on a Judgment
If you’ve obtained a judgment but are still struggling to collect, you’re not alone. In Houston, whether you’re dealing with cases from areas like Hedwig Village or Pearland, many creditors face the challenge of enforcing their judgments and ensuring payment. As a bankruptcy attorney with over 25 years of experience, I’ve handled both debtor and creditor cases, giving me a unique perspective on how to collect on judgments and what legal tools can make that process smoother.
The Judgment Is Just the Start
Winning a judgment in court is just the first step in the collection process. While a judgment establishes that the debtor owes you money, it doesn’t mean they will willingly pay. In fact, many debtors attempt to avoid paying their debts, leaving creditors frustrated and unsure of how to proceed.
The real work begins after you have the judgment, and that’s where effective collection strategies come into play. If you’re a creditor, understanding your legal options is crucial to ensure you get paid.
Writs of Garnishment: A Powerful Tool for Collecting on a Judgment
One of the most effective ways to collect on a judgment is through a writ of garnishment. A writ of garnishment allows you to collect funds directly from the debtor’s bank account or wages, making it one of the most powerful tools available for creditors. Here’s how garnishment works in the context of collecting a judgment:
- Obtain the Writ of Garnishment: After securing a judgment, you’ll need to apply for a writ of garnishment from the court. This legal tool can be used to freeze the debtor’s bank accounts or garnishing their wages until the debt is satisfied.
- Serve the Garnishment: Once the writ is issued, it must be served on the bank or employer holding the debtor’s funds. The financial institution or employer is required by law to freeze the debtor’s account or withhold part of their wages, depending on the type of garnishment.
- Collect the Funds: The garnished funds are then paid toward the judgment amount, reducing the balance owed to you.
Texas Exemptions: What You Can and Can’t Collect
As a creditor, it’s important to know that not all of the debtor’s assets are available for collection, even if you’ve obtained a judgment. Texas law offers certain exemptions that protect certain types of property, including wages and homesteads.
However, despite these exemptions, many debtors still have non-exempt assets that can be targeted through collection efforts like garnishment. Understanding Texas exemptions is crucial to determining which assets you can legally pursue and which ones are protected by law.
The Role of the Justice Court in Collections
The Justice Court plays a key role in the process of judgment enforcement in Texas. This court handles the filings for writs of garnishment and other collection tools that are essential for creditors seeking to collect a judgment. It’s essential to follow the proper legal procedures in the Justice Court to ensure that your garnishment is effective.
Next Steps for Creditors: Collecting with Confidence
Once a writ of garnishment has been filed, your next steps will depend on the debtor’s financial situation. If they have sufficient non-exempt assets, you may be able to collect the full amount owed. However, if they have no accessible assets or have filed for bankruptcy, collections can become more complicated.
That’s why it’s important to consult with a seasoned attorney who specializes in creditor work to help navigate these challenges and ensure that your efforts to collect on the judgment are successful.
Work with an Experienced Creditor Attorney
With over 25 years of experience in debtor collections and bankruptcy, I am highly familiar with how to enforce judgments and collect debts. If you’re struggling to collect on a judgment, whether through garnishment or other collection methods, I can help you understand your options and move forward with confidence.
If you’ve received a judgment and need help collecting, or if you’re unsure about your next steps, give me a call at (713) 974-1151. I can provide you with the legal support you need to secure the payment you are owed.
