There are few-if any-universal laws on the books. Recovering a judgment happens to be one of them. No matter what state you are in; it is your responsibility to get the monetary compensation awarded to you after a lawsuit. The court’s only responsibility is to draft the order of judgment and give it to the winner of the suit (“judgment creditor”). They will not assist you in collecting that award or enforcing that it be paid unless there are minor dependents involved, like in child support cases.
How do I get Money Owed to me?
The court system may not help you get your money, but they do put a time limit on obtaining it. Judgment orders are not indefinite; they all come with expiration dates. Those dates vary from state to state, so before you start the collections process, find out when orders expire in the state of Texas.
Judgments like these involve two parties:
- The judgment creditor
- The judgment debtor
Your first task is to locate the debtor. This could be a business or an individual. The important thing to understand is that the order can only be executed in the county where the debtor is located. Try to resolve things privately if possible.
Individuals and businesses have at least one thing in common: they don’t keep large amounts of liquidated cash on-hand. This limited cash flow means that you will need to look for assets that the debtor can liquidate for cash to fulfill the judgment. Assets include:
- Bank accounts
- Vehicles
- Wage garnishment
If the debtor has no assets, or those assets are insufficient, you may have to collect your award at a later date. Keep an eye on the clock and go back to court before it runs out on the order.
What will a Writ of Execution Do?
The court cannot enforce the order, but it can help you obtain paperwork that allows you to get help on the ground. Go back to the court and request a Writ of Execution. You will have to pay a filing fee, but the writ allows you to get local law enforcement and financial institutions involved in the collections process.
Take that writ to the appropriate official, like the sheriff’s office, and ask for their assistance. They can seize vehicles and take cash directly from the debtor to satisfy the judgment. To collect from a bank account or garnish wages, you have to present the writ directly to the bank or the employer after you file for a garnishment proceeding.
As you can imagine, the collections process can be quite volatile. It’s best to hire an attorney like Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas to represent your interests in this matter. They can negotiate with outside parties, find assets, file all of the documentation, navigate waiting periods, and fight asset exemptions. The outcome: a hassle-free, legally-obtained award.