Post Judgment Relief
Before a judgment is obtained, creditors focus on prejudgment measures designed to prevent the debtor from concealing or disposing of assets that could potentially satisfy the outstanding debt. But after the judgment is obtained, the focus moves to determining what non-exempt assets the debtor has and how to effectively seize those assets to satisfy the judgment.
With respect to this post judgment collection process, there are many legal remedies available to a judgment creditor including the following:
- Judgment liens: liens that attach to any non-exempt real property owned by the judgment debtor in the county where it is filed.
- Writs of execution: the process by which the clerk of the court that rendered the judgment directs the sheriff or constable to seize all personal and real property and sell it as part of the execution sale at a public auction and apply the monetary proceeds to the judgment debt.
- Turnover orders: a statutory remedy in which a court orders a judgment debtor to turn over all non-exempt assets he or she owns to a sheriff or constable to satisfy a judgment. Also, a receiver can take possession of the property and sell it in order to pay the proceeds to the judgment creditor to satisfy the debt.
- Garnishment: a process that allows a judgment creditor to reach the assets of a debtor that is in the possession of a third party, such as a bank.
Consult a collections attorney today
Lawyers can assist creditors with every aspect of the debt collection process including post judgment discovery and relief in Texas. Clients who work closely with a team of Texas debt collection attorneys will understand all aspects of the complex debt collection process.
If you work at a business or financial institution in need of Arkansas, Tennessee or Texas debt collectors, the commercial collection law firm of Hosto, Buchan, Prater & Lawrence, PLLC can help.