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How to collect a small claims judgmentin Texas

Short answerTo collect a small claims judgment in Texas, wait for the appeal window to close, then use the tools the law allows: an abstract of judgment that creates a lien on the debtor’s non-exempt real property, a writ of execution against non-exempt property, or a garnishment action against the debtor’s bank account. Texas does not allow wage garnishment for ordinary business debts.

Key takeaways

1

Start with a post-judgment demand letter. Many debtors pay once a judgment exists.

2

An abstract of judgment is recorded with the county clerk and creates a lien on non-exempt real property in that county.

3

Bank account garnishment is a separate proceeding with its own paperwork.

4

Homesteads and many personal items are exempt in Texas.

The order that usually works

  1. Wait for the judgment to become final

    A justice court judgment can be appealed within 21 days. Collection tools generally wait until that window closes.

  2. Send a post-judgment demand

    Attach the judgment and give a short pay-by date. A business that wants clean credit or plans to sell property often pays here.

  3. Record an abstract of judgment

    The court clerk issues an abstract, and you record it in the real property records of any county where the debtor may own property. It creates a lien on non-exempt real property there, which surfaces when they try to sell or refinance.

  4. Garnish a bank account

    If you know where the debtor banks, a writ of garnishment can freeze funds in that account. It is its own proceeding, filed with an application and supporting affidavit.

  5. Writ of execution

    A constable or sheriff can seize and sell non-exempt property. Useful against businesses with equipment or inventory, less so against individuals.

What Texas protects from collection

Texas is one of the most debtor-protective states. Wages cannot be garnished for ordinary debts. Homesteads are exempt, and so are many personal and business items up to set limits. Plan collection around bank accounts, non-exempt real estate and business assets.

Finding what the debtor owns

Post-judgment discovery lets you send written questions about the debtor’s assets and bank accounts, which they must answer under oath. It is often the step that makes garnishment possible.

Questions, answered

What is an abstract of judgment in Texas?

It is a summary of your judgment, issued by the court clerk, that you record in a county’s real property records. Once recorded, it creates a lien on the debtor’s non-exempt real property in that county. The lien can block a sale or refinance until the judgment is paid.

Can you garnish wages in Texas for a small claims judgment?

No, not for ordinary debts. Texas only allows wage garnishment for a few kinds of debt, such as child support, some taxes and certain student loans. Collect through bank account garnishment, liens on non-exempt property or a writ of execution instead.

How do I garnish a bank account in Texas?

File an application for a writ of garnishment with a supporting affidavit after your judgment is final. If granted, the writ is served on the bank, which must hold the debtor’s non-exempt funds until the court decides. You need to know which bank the debtor uses.

How long is a Texas judgment good for?

A Texas judgment can be enforced for years and can be renewed before it goes dormant. Exact time limits depend on when writs are issued and how the judgment is kept active, so track the dates from the day of judgment.

Nitin Mahajan, founder

Practicing barrister and founder of QuickAds. Built Easy Small Claims so small businesses can recover invoices they would otherwise write off.

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