Abstract of Judgment and Writ of Execution

[Redah]

Texas.

How soon can an Abstract of Judgment be filed for collecting won damages in a civil suit (not small claims) in Texas?

Would the Writ of Execution be prepared by and filed by us, or does it have to be done by the Judge?


Thank you.

 

[quincy]

Texas.

How soon can an Abstract of Judgment be filed for collecting won damages in a civil suit (not small claims) in Texas?

Would the Writ of Execution be prepared by and filed by us, or does it have to be done by the Judge?


Thank you.

Here is a link to the Webb County, Texas, website which outlines nicely the process in Texas for collecting on a judgment: http://www.webbcountytx.gov/JP4/Judgments/

Good luck in your collection efforts.

 

[Redah]

Thank you Quincy.

I'm getting conflicting or confusing info from different websites. The Webb County says: After 10 days, then it says after 21 days. Another website says it can be done even in the same day "This is a simple filing that we will normally file within a day or two (and sometimes the same day as) the judgment.".

Thank you again.

 

[Proserpina]

Bear in mind you have very few options to actually collect in Texas. Very few options.

 

[quincy]

Thank you Quincy.

I'm getting conflicting or confusing info from different websites. The Webb County says: After 10 days, then it says after 21 days. Another website says it can be done even in the same day "This is a simple filing that we will normally file within a day or two (and sometimes the same day as) the judgment.".

Thank you again.

It is suggested that you wait 10 days to start collection efforts, which is the time for appeals for civil cases (other than for evictions, which is 5 days). You can obtain an abstract of judgment after 21 days and a writ of execution after 30 days.

Most counties now have an online presence. You can check for information from your own county court or you can call your county clerk.

I agree with Proserpina that collecting on a judgment can be difficult in Texas because your options are limited.

Good luck, Redah. Thanks for the thanks.

 

[Mark Maroon]

Bear in mind you have very few options to actually collect in Texas. Very few options.

I know that this is the party line for lots of people (ie. it's hard to collect judgments against individuals in TX and FL because the laws protect them). But in my personal experience, the easiest and best collection is done by garnishing a bank account (something that can be done in TX and FL just as easily as in any other state). Personally, I have never had a cause to try and collect based on a wage garnishment, or personal property (eg. car, jewelry, etcetera) levy, or real property levy. I am not saying that those collection procedures aren't often very effective. To the contrary, they are often the bread and butter collection methods of many people who collect on judgments. I just caution people not to throw out the simple statement that "TX and FL are hard to collect in". The options might be limited, but personally I think they still allow the most effective method.

 

[quincy]

I know that this is the party line for lots of people (ie. it's hard to collect judgments against individuals in TX and FL because the laws protect them). But in my personal experience, the easiest and best collection is done by garnishing a bank account (something that can be done in TX and FL just as easily as in any other state). Personally, I have never had a cause to try and collect based on a wage garnishment, or personal property (eg. car, jewelry, etcetera) levy, or real property levy. I am not saying that those collection procedures aren't often very effective. To the contrary, they are often the bread and butter collection methods of many people who collect on judgments. I just caution people not to throw out the simple statement that "TX and FL are hard to collect in". The options might be limited, but personally I think they still allow the most effective method.

That all may be true but it is also true that getting a judgment may be the easiest part of any collection effort.

For example, it is often the case when someone has been sued over an unpaid debt that the someone has the unpaid debt in the first place because they have been unable to pay (low-paying job or no job, medical expenses that have overwhelmed, health issues that have complicated employability ...) and not necessarily because they have been unwilling to pay.

In other words, not all individuals who have a judgment against them set out to be deadbeats, avoiding collections, but rather circumstances have made them one. And the circumstances do not change with a judgment against them. If there is no money to be had or assets to attach, the one holding a judgment may have all sorts of options available to them for collecting on the judgment but still no way to collect it.

Texas does not have all of the options available that other states have, so that can make a difficult task even more difficult.

 

[Mark Maroon]

That all may be true but it is also true that getting a judgment may be the easiest part of any collection effort.

That's true, I agree 100%. Most people think that getting a judgment will be the hard part, when in fact many judgments end up being useless pieces of paper.

But I was commenting on the oft-repeated conclusion that TX is harder than other states to collect judgments in (not just that judgments can be hard to collect).

People often repeat the conclusion that TX and FL are harder than other states to collect judgments in, without explaining WHY they believe that conclusion. That conclusion is true if you generally collect your judgments by putting a lien on the judgment debtors home, because those states have homestead exemptions that can preclude that form of judgment collection. But if your judgment debtors tend to rent rather than own their home, then not being able to levy on a judgment debtor's home isn't really relevant, and TX and FL are no more difficult than any other state to collect your judgments in. So the point is that the methods of collecting judgments in FL and TX are more limited than other states, but it may not matter, depending on your judgment debtor.

 

[Proserpina]

Pennsylvania.

PA is a royal ... you get the point ... in which to collect a judgment.

 

[quincy]

That's true, I agree 100%. Most people think that getting a judgment will be the hard part, when in fact many judgments end up being useless pieces of paper.

But I was commenting on the oft-repeated conclusion that TX is harder than other states to collect judgments in (not just that judgments can be hard to collect).

People often repeat the conclusion that TX and FL are harder than other states to collect judgments in, without explaining WHY they believe that conclusion. That conclusion is true if you generally collect your judgments by putting a lien on the judgment debtors home, because those states have homestead exemptions that can preclude that form of judgment collection. But if your judgment debtors tend to rent rather than own their home, then not being able to levy on a judgment debtor's home isn't really relevant, and TX and FL are no more difficult than any other state to collect your judgments in. So the point is that the methods of collecting judgments in FL and TX are more limited than other states, but it may not matter, depending on your judgment debtor.

I will trust your comments on this, Mark Maroon, because I remember you saying in the past that you were in the "collections business." I am not.

 

[Redah]

I'm just wondering if the 5 or 10 day wait before a plaintiff can file an Abstract of Judgment is a made-up rule by Clerks to lessen the burden of record till they are sure there will be no appeal or settlement. The Texas Statute says "Sec. 52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received.". .....Abstract of Judgment does not mean a plaintiff can go and enforce collection, that would be the Writ of Execution which will be issued after 30 days. One website for a Texas collection agency says: "This is a simple filing that we will normally file within a day or two (and sometimes the same day as) the judgment.". .... I'm not arguing! Just wondering.

 

[quincy]

I'm just wondering if the 5 or 10 day wait before a plaintiff can file an Abstract of Judgment is a made-up rule by Clerks to lessen the burden of record till they are sure there will be no appeal or settlement. The Texas Statute says "Sec. 52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received.". .....Abstract of Judgment does not mean a plaintiff can go and enforce collection, that would be the Writ of Execution which will be issued after 30 days. One website for a Texas collection agency says: "This is a simple filing that we will normally file within a day or two (and sometimes the same day as) the judgment.". .... I'm not arguing! Just wondering.

No. It is a "suggestion," to allow for appeals. You can file earlier.

 

[Redah]

Thank you Quincy.

Our concern is that there's more than one Defendant in this case, and the Plaintiff lost. We have less damages than the rest of the Defendants and don't want to be left with nothing to collect.

If we get a ruling signed to our benefit, I will up-date you all on what happens after we file the Abstract of Judgment.

Thank you all, and keep providing opinions ( Judgement will be signed later next month).

 

[quincy]

Thank you Quincy.

Our concern is that there's more than one Defendant in this case, and the Plaintiff lost. We have less damages than the rest of the Defendants and don't want to be left with nothing to collect.

If we get a ruling signed to our benefit, I will up-date you all on what happens after we file the Abstract of Judgment.

Thank you all, and keep providing opinions ( Judgement will be signed later next month).

You were the defendant? Did you have a counterclaim?

 

[Redah]

Yes. All defendants had counterclaims, over $2 millions in total.

Plaintiff is worth much less than that, all in real-estate and mineral rights.