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 holder of the judgment, 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 “mob-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 getting sued by a man with a badge and a gun is unnerving to make some debtors pay.)
The various methods of forcing a debtor to pay you can 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 are exempt in Texas as written in the Texas Property Code, which is considered debtor-friendly status:
Dry. 42,001. MOVABLE PROPERTY EXEMPTION. (a) Personal property, as described in Section 42.002, is exempt from lien, lien, foreclosure, or other lien if:
(1) the property is provided to one family and has an aggregate fair market value of not more than $60,000, not including the amount of any liens, liens, or other charges attached to the property; Prayed
(2) the property is owned by a single adult, 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, liens, or other charges attached 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 the enforcement of court-ordered child support payments;
(2) professionally prescribed medical aid for 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 seized by a creditor other than a landlord of real property who is exercising the landlord’s contractual or statutory right to seize 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 preclude seizure by a secured party 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 attachment 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) household 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-wheeled motor vehicle for each family member 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 boreholes available for consumption:
(A) two horses, mules or donkeys and a saddle, a blanket and a bridle for each;
(B) 12 head of cattle;
(C) 60 head of other types of cattle; Y
(D) 120 birds; Y
(11) household pets.
The first question is to identify the assets 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 judgment in the county where the debtor lives, does business, owns property, or might 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 Motion for Draft to obtain intangible personal property.