Yes and no. The court can help collect your judgment. However, the court will not take proactive steps to collect the judgment for you. As the winner in court and the judgment holder, you must find a way to get the debtor to pay you, and then the court will help you enforce your collection effort.
Debt collection horror stories refer to lenders using drastic “mafia-like” henchmen to enforce collection, through physical violence. There really is no need for such old-fashioned means when the courts will send men with badges and guns to collect your money! These men and women are called bailiffs or bailiffs. (Just being sued by a man with a badge and a gun is disconcerting enough to make some debtors pay.)
The various methods of compelling a debtor to pay you may include wage garnishment (except in Texas), bank accounts, personal property, real property, and intangible personal property. The types of assets that can be claimed to satisfy a judgment vary from state to state. The following are property that is exempt in Texas as written in the Texas Property Code, which is considered a debtor-friendly status:
Dry. 42,001. EXEMPTION OF MOVABLE PROPERTY. (a) Personal property, as described in Section 42.002, is exempt from garnishment, lien, execution, or other lien if:
(1) the property is provided to a family and has an aggregate fair market value of not more than $60,000, not including the amount of any liens, security interests, or other charges on the property; Prayed
(2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $30,000, not including the amount of any liens, security interests, or other charges levied the property.
(b) The following personal property is exempt from seizure and is not included in the aggregate limitations prescribed by Subsection (a):
(1) current wages for personal services, except for enforcement of court-ordered child support payments;
(2) professionally prescribed medical aids of a debtor or a debtor’s dependent;
(3) alimony, maintenance, or separate maintenance received or to be received by the debtor for the support of the debtor or a dependent of the debtor; Y
(4) a religious bible or other book containing sacred writings of a religion that is repossessed by a creditor other than a landlord of real property who is exercising the landlord’s contractual or statutory right to repossess personal property after a tenant defaults a lease for or abandon the real property.
(c) Except as provided by subsection (b)(4), this section does not prevent seizure by a secured creditor with a contractual owner’s lien or other security in the property to be seized.
(d) Unpaid commissions for personal services that do not exceed 25 percent of the aggregate limitations prescribed by Subsection (a) are exempt from garnishment and are included in the aggregate.
(e) A religious bible
Dry. 42,002. PERSONAL PROPERTY. (a) The following personal property is exempt under Section 42.001(a):
(1) home furnishings, including family heirlooms;
(2) provisions for consumption;
(3) agricultural or livestock vehicles and implements;
(4) tools, equipment, books, and appliances, including boats and motor vehicles used in a trade or profession;
(5) clothing;
(6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a);
(7) two firearms;
(8) athletic and sports equipment, including bicycles;
(9) one two-, three-, or four-wheel motor vehicle for each member of a family or single adult who has a driver’s license or who does not have a driver’s license but is dependent on another person to operate the vehicle for the benefit of the person without a license;
(10) the following animals and piercings available for consumption:
(A) two horses, mules, or donkeys and a saddle, blanket, and bridle for each;
(B) 12 head of cattle;
(C) 60 head of other types of cattle; Y
(D) 120 birds; Y
(11) domestic pets.
The first issue is to identify the goods that are not exempt from collection. The second issue is asking for short-term help to obtain or monetize the assets.
After obtaining a judgment, file a summary of the judgment in the county where the debtor lives, does business, owns property, or may live in the future. Then file a writ of execution with the court for real or personal property, a writ of garnishment to obtain a bank account, or a draft motion to obtain intangible personal property.