Types of property eligible for exemption include home furnishings, food, farming or ranching vehicles and implements, tools of a trade, apparel, certain jewelry, two firearms, athletic and sporting equipment, one motor vehicle for each licensed driver in the household, pets and certain farm animals.
Property, which is non-exempt, and thus subject to a Writ of Execution, includes property like vacation homes, rental properties, boats, and excess personal property. These are the types of property a Writ of Execution will target.
The court-issued Writ of Execution under Texas law and the applicable Writ of Execution Texas statute happens after judgment has been entered. Under Texas Rule of Civil Procedure Writs of Attachment in Texas are used in several types of situations both to secure property to satisfy a debt and to ensure a judgment debtor participates in the case against him or her.
The request for a Writ of Execution is made to the clerk of the court that heard and determined your case, and there is a fee for making the request. The Writ of Execution is a proactive approach to post-judgment enforcement. The Writ of Execution is filed at the courthouse as part of the docket entry for your case and is a fully enforceable court order. After the Writ of Execution is served, the sheriff or constable has full legal authority to seize real and personal assets of the judgment debtor.
This includes placing a notice of seizure on a physical premise or at the perimeter of land or removing funds from a bank account. Often, the officer serving a Writ of Execution will bring unwanted exposure to the debtor, leading debtors to attempt post-judgment settlement efforts, which creditors have complete discretion to entertain.
Depending on the circumstances, the Writ of Execution can be useful leverage for making sure a judgment debt is promptly satisfied. Our specialist transfer-up department will start the process as soon as we receive your instruction by completing and sending form NA to the issuing County Court for Part 2 to be sealed. Once sealed, a writ of control is applied for at the High Court or local District Registry. It is this writ that gives us our powers. The whole process normally takes less than a week, but can take up to 28 days, as we are dependent upon the speed of service from the issuing court.
Once the writ has been issued, the enforcement process starts with the sending of the Notice of Enforcement in the Compliance Stage. This gives the debtor seven days in which to pay. You do not have to provide the address of the property to lien, nor do you even need to know for certain that the judgment debtor owns property.
The Abstract of Judgment will place a lien on any property that is in the name of the judgment debtor. A simple rule of thumb is to record a lien in the county where the judgment debtor resides or does business. After the Abstract has been recorded, the County Recorder will return the document to you. Retain this document. You will need the recording information on it later in order to complete an acknowledgment of Satisfaction of Judgment after you have been paid in full.
If you are not sure if you can do this, look at item 10 on your Notice of Entry of Judgment. If your judgment is against a person or business that must be licensed with the State of California Department of Consumer Affairs, such as a contractor or real estate agent, you may be able to suspend their professional license if your judgment is for damages resulting professional services.
The person who owes you money is protected from abusive or unfair ways to collect the debt. Collection agencies and people who collect their own debts cannot:. For more information on this subject, check the California Courts website.
You have 10 years to enforce your judgment. But, if you cannot collect the whole judgment in that time, you can get 10 more years to collect the debt. You will have to pay a fee. If you cannot afford the fee, you can apply to the court to have the fees waived.
You have to file before the first 10 years are up. The clerk will keep the original Application, but give you back the original Notice which has been "issued" by the clerk. You cannot enforce the renewed judgment until you have the judgment debtor served with a copy of both the Application and Notice. You cannot serve your claim. Service must be performed by:. They have 30 days from the day they are served to file a motion to request that the Application be vacated or modified.
At the expiration of this time you may enforce your judgment. After you have been paid in full, you must file an "Acknowledgment of Satisfaction of Judgment. You will have to name every county where you recorded the Abstract and sign the form in front of a notary public.
You must have the Acknowledgment recorded in each county where the Abstract of Judgment was recorded. The recorder will charge a fee. For all other County Recorders, check their website. You must also file the Acknowledgment of Satisfaction of Judgment with the court as described above. Each of the 94 federal judicial districts in the United States handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the Bankruptcy Court.
Unlike your Small Claims case, bankruptcy cases are heard in the Federal court. Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.
Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. The vast majority of cases are filed under the three main chapters of the Bankruptcy Code, which are Chapter 7, Chapter 11, and Chapter If you have been named as a creditor in a bankruptcy case, both the California Courts website and the U. Bankruptcy Court website contain basic information.
In most circumstances the filing of bankruptcy prohibits creditors from taking any action to collect a debt, including a small claims judgment. If the person who lost will not pay, it can be complicated, expensive and take a lot of time to collect your money.
You might want to talk to a lawyer or read a legal guide about how to enforce judgments before you try anything else. If you do not, you could waste time and money or do something illegal.
For more information to help you understand the collections process go to the:. This site works best with JavaScript enabled. Contact Us. Introduction If you win at trial and the judgment says the other person owes you money or property, you are the "judgment creditor.
During the 30 day period, the judgment debtor may do one of the following: Pay in full or request to make payments to you or the court see below "What to do After the Judgment is Paid". Appeal the decision if they appeared at the trial. File a Motion to Vacate the Judgment if they did not appear at the trial. If the judgment debtor takes no action, below are the legal steps that you may take to collect your judgment in the order in which you may want to proceed: Get in touch with the judgment debtor.
Examine judgment debtor in court to locate unknown assets. Place a lien on land, buildings, or residence. Contacting the Judgment Debtor Start by getting in touch with the judgment debtor.
Request to correct the judgment due to clerical error made by the court. You may need to do this if: The name on the judgment is not spelled correctly. The name on the judgment is a maiden name, and the debtor has a new married name or the judgment has a married name when the debtor has gone back to using a maiden name.
There has been a legal change of name other than through marriage. The debtor routinely uses a different name an alias or pen name and has assets in that name. You will not be able to have the judgment changed to name an officer or employee of the business. Explain why you want to change the name on the judgment and that you have a good reason for the proposed change.
File the Request and any attachments with the clerk. There is no time limit in which this has to be done. It must be served by the: Sheriff , or Licensed process server check the internet or Yellow Pages. Provide the Sheriff or process server with: A copy of the Order. Written instructions of the name and address of the person to serve, best time of day to attempt service, and description of the person.
Pay a fee for service refer to Sheriff website ; process server fees will vary. It must be served by the: Sheriff , or Licensed process server check the Yellow Pages.
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