Articles

Arresting the Debtor - Collecting Judgments in Texas

Turn the heat up. Then turn it up some more.

You’ve shown the debtor several times now that you mean business, but they’re still not getting the message. Because they’ve ignored repeated requests for information, the court has held them in contempt. For many in this situation, this is the end of the road. When faced with the threat of going to jail, debtors are often eager to resolve matters and you’re able to collect the judgment.

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Motion to Compel - Motion for Contempt - Collecting Judgments in Texas

You’re committed, but debtors can be stubborn.

At this point in the process, you’re working hard to collect your judgment. You’ve made it more difficult for the debtor to get new lines of credit, and you’ve investigated which of their assets could be used to pay off their debt.

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Post-Judgment Deposition – Collecting Judgments in Texas

It all comes down to this: The only way to get the debtor’s attention in debt collection matters is to be the number one item on the debtor’s agenda.

How do you accomplish this?  As we’ve said before, you must be the squeaky wheel that won’t go away. If showing your commitment by employing Post-judgment written discovery doesn’t do the trick, the next step might. The Post-judgment deposition is where many debt settlements often occur.

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Post-Judgment Discovery – Collecting Judgments in Texas

Sometimes, collecting a debt in Texas is difficult. And you may have experienced this first hand. You may have filed a Texas abstract of judgment. You may have ensured the Abstract found its way into the debtor’s credit score. You may have even obtained a writ of garnishment and began your post-judgment investigation.

So what now? It’s time to make the debtor work. A Post-judgment written discovery does exactly that. It forces the person or company that owes you money to stay active or risk being in contempt of a court’s order.

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The Post-Judgment Investigation - Collecting Judgments in Texas

You played the game the way it’s supposed to be played. You did your job and you obtained a court judgment. But, you’ve probably realized by now that collecting a debt is hardly a spectator sport.

The debtor may still in fact be playing games, hoping to wear you down or sap your commitment to collect in hopes that you’ll accept pennies on the dollar, or simply go away.

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The Texas Writ of Garnishment - Collecting Judgments in Texas

If you’ve already obtained a court judgment and you still haven’t been paid, you’ve got a stubborn or uncooperative debtor who may need more convincing.

Fortunately, there’s an efficient, tried & true system for collecting debt in Texas. You may have already filed an abstract, which is important, but Texas law offers you many avenues to collect your judgment. Now you may need to take things to another level: The Texas writ of garnishment.

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The Abstract and The Credit Score - Collecting Judgments in Texas

Raise your hand if – as a lawyer – you’ve had difficulty collecting a judgment once it’s been rightfully handed down by the courts. I am willing to bet that if I asked this question to a room full of my contemporaries, I would I’d see a lot of hands.

This may be hard to believe, but getting your day in court, against someone who owes you money, may not necessarily be your happy ending. Actually, it can often be the beginning of a long and seemingly endless road ahead.

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You Have a Judgment, Now What?

You Have a Judgment, Now What? Here’s How You Collect.

So, life isn’t always fair. You hired a lawyer. You went to court and won. But, you don’t have your money.

Now, you’re frustrated chasing payment after you did the work you promised to do or loaned money, trusting you’d be repaid. The truth is that unfortunately, many businesses and law firms find themselves in this position.

Don’t worry. We’ve put together this straightforward “how-to” for how you can finally collect the judgment you are rightfully owed.

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