Tips on collecting after small claims court victory

September 14, 2011 7:09 PM

Need tips on collecting small claims judgement in Texas.

I recently won a small claims court case in Texas against an independent contractor for shoddy workmanship on my property. The court has issued its formal judgement in my favor, now it's time to (try) to collect around $5,000. I am looking for advice and experience with writs of garnishment and execution and turn-over orders. The clerk cautioned my that a writ of garnishment could actually end up costing me money if the defendant plays games with his bank account. Thanks in advance! By the way, for fellow Texans, this guide educated me on the process and helped me a great deal.

posted by punkfloyd to Law & Government (2 answers total)

There are many good papers available online by Texas debt collection attorneys. Search, for example, for papers by attorney Donna Brown, they're on her website. Remember that Texas has a very debtor-friendly set of exemptions from execution, you'll want to familiarize yourself with those and do what you can to see if the debtor has anything that could actually be seized. And, yes, you can end up spending unreimbursed money via an unsuccessful writ of execution or garnishment (and just getting the writ issued and served is a few hundred dollars in most cases).

If you've exhausted the limited of your ability to guide yourself w/ online resources, then you need to consult with an attorney.

(I assume, given your research, that you've filed your abstract of judgment with any county where the debtor lives. If not, please review your online resources, as that's going to be a first step in the vast majority of cases.)
posted by seventyfour at 9:55 AM on September 15, 2011

Thanks seventyfour!
posted by punkfloyd at 4:48 AM on September 16, 2011