Writs of Garnishment and Writs of Execution: Collecting Judgments in Texas

Winning a lawsuit is only half the battle. Unfortunately, winning the judgment and collecting the money are two entirely different challenges. No contractor wants to have to take legal action to get paid what they are owed. However, getting a construction attorney or other legal entities involved is unavoidable in many instances. This is why it is best to be prepared and fully understand what steps you need to take to collect a judgment on any project. In Texas, you have powerful collection tools at your disposal: writs of garnishment and writs of execution. These legal instruments allow you to freeze bank accounts and seize property to satisfy your judgment. But most contractors don’t understand how these writs work, when to use each one, or what steps are required to actually collect their money. This comprehensive guide explains everything Texas contractors need to know about collecting judgments through writs of garnishment and writs of execution.

Texas Collection Limitations You Need to Know

Texas law provides fewer collection options than many other states, which creates specific challenges: No Wage Garnishment: Unlike most states, Texas does not allow garnishment of wages for ordinary debts. You can garnish wages only for child support, student loans, and taxes. You cannot take money directly from the debtor’s paycheck. Homestead Protection: Texas has some of the strongest homestead protections in the nation. You generally cannot force the sale of a debtor’s primary residence to satisfy a judgment (with limited exceptions for specific types of debts like home equity loans or property taxes). Personal Property Exemptions: Texas law exempts numerous categories of personal property from collection, including:

• Home furnishings and family heirlooms
• Clothing and personal effects
• Farming and ranching equipment
• Tools of the trade (up to certain limits)
• One vehicle per adult household member
• Retirement accounts
• Life insurance

Vehicle Exemptions: Each household member can exempt one vehicle from collection, regardless of value (with some limitations). These limitations mean you have to be strategic and informed about which collection methods will actually work.

Texas Collection Tools: Writs of Garnishment and Writs of Execution

Despite these limitations, Texas law provides two powerful collection tools: writs of garnishment and writs of execution.

What Are Writs?

A writ is a formal court order directing someone to take specific action. In the collection context:

• Writ of Garnishment: A court order directing a third party (usually a bank) to freeze funds they’re holding for the debtor and turn them over to you
• Writ of Execution: A court order directing a sheriff or constable to seize and sell the debtor’s property to satisfy your judgment

Both writs are powerful because they don’t require the debtor’s cooperation. The court commands action, and law enforcement enforces it.

When You Can Use Writs

You can only use collection writs after you have a final, enforceable judgment. This means:

• The Case Is Concluded: All trials and hearings are complete
• The Judgment Is Final: Any appeal period has expired or appeals have been resolved
• The Judgment Is Entered: The court clerk has officially recorded the judgment
• The Judgment Isn’t Stayed: No court has issued a stay of enforcement (which can happen during appeals or bankruptcy)

Once you have a final judgment, you can begin collection efforts immediately. In Texas, judgments are generally enforceable for 10 years from the date of issuance and can be renewed for additional 10-year periods.

Writs of Garnishment: Freezing and Collecting Bank Accounts

A writ of garnishment is typically the most effective collection tool available in Texas because it targets liquid cash that’s immediately available to satisfy your judgment.

How Writs of Garnishment Work

A writ of garnishment allows you to intercept money that a third party (called the “garnishee”) is holding for or owes to the judgment debtor. The most common targets are:

• Bank Accounts: Checking accounts, savings accounts, money market accounts, CDs
• Accounts Receivable: Money that customers owe to the debtor’s business
• Rents: If the debtor is a landlord, you can garnish rent payments from tenants
• Deposits: Security deposits or other funds held by third parties

For construction contractors, bank account garnishment is typically the primary strategy.

The Garnishment Process: Step by Step

Here’s exactly how to execute a writ of garnishment in Texas:

1. 1. Identify Where the Debtor Banks: You need to know where the debtor has bank accounts before you can garnish them.
   2. File Application for Writ of Garnishment: File an application against the bank (the garnishee), not the debtor. You can file this with the court that issued your judgment.
   3. Court Issues the Writ: If your application is properly completed, the judge will sign the Writ of Garnishment. This is a court order that freezes the accounts so the debtor can’t withdraw or transfer money while the garnishment process continues.
   4. Serve the Writ on the Bank: The writ of garnishment must be served by a constable or sheriff—you cannot serve it yourself, and a private process server cannot serve it.
   5. Notify the Debtor: After the writ is served on the bank, you must send a copy of the writ to the judgment debtor via certified mail, return receipt requested.
   6. Bank Responds (The “Answer”): The bank (or more likely, the bank’s attorney) will file an Answer to Writ of Garnishment with the court. This will tell you if there are enough funds, insufficient funds, exempt funds, no accounts or multiple claims on the bank accounts.
   7. Court Orders Payment: If the bank’s answer confirms there are non-exempt funds available, you request the court to issue a Judgment Ordering Payment. If the account has less than you’re owed, you collect what’s available and can pursue additional garnishments or other collection methods for the balance.

Writs of Execution: Seizing and Selling Property

When bank garnishment isn’t available, either because you don’t know where they bank, or the accounts are empty, your next option is a writ of execution to seize and sell the debtor’s property.

How Writs of Execution Work

The debtor’s property is sold with a writ of execution. Though it is significantly less effective, a writ of execution is easier to get than a writ of garnishment. A writ of execution authorizes the sheriff or constable to:

• Demand payment from the debtor
• If payment isn’t made, levy (seize) the debtor’s non-exempt property
• Sell the property at public auction
• Pay you from the sale proceeds

What Property Can Be Seized through a Writ of Execution?

Subject to Texas’s exemption laws, you can execute on: Real Property:

• Commercial property
• Investment property (rental houses, vacant land)
• Second homes
• Raw land
• Generally NOT: Primary homesteads (with limited exceptions)

Business Assets:

• Equipment and machinery
• Inventory
• Office furniture and fixtures
• Vehicles (beyond exempt vehicles)
• Business real estate

Personal Property:

• Non-exempt vehicles (second, third cars, luxury vehicles, boats, RVs)
• Valuable collections (art, antiques, jewelry beyond exemptions)
• Investment assets held outside retirement accounts
• Generally NOT: Personal items like furniture, clothing, tools of trade (within limits)

The Writ of Execution Process: Step by Step

1. 1. Obtain the Writ of Execution: Unlike garnishments, obtaining a writ of execution is simple. You don’t file an application or get a judge’s approval. All you must do is request a writ of execution from the clerk of the Court where the judgment was issued. Once properly requested and providing a small fee of typically $30-$50, the clerk will mail you the writ of execution.
   2. Identify the Property to Be Seized: Before taking the writ to law enforcement, identify the specific property to target.
   3. Take the Writ to the Sheriff or Constable: Take the writ to the sheriff or constable in the county where the property is located.
   4. Demand for Payment: The sheriff or constable will first make a formal demand for payment on the debtor. This gives the debtor one last chance to pay the judgment before their property is seized.
   5. Levy on the Property: If the debtor fails to make payment, the sheriff or constable will levy (put a hold on) the debtor’s property to be sold at auction to satisfy your judgment.
   6. Notice and Sale: If the debtor does not enter into a payment arrangement or pay the debt, the property will be sold at auction to the highest bidder. 
   7. Distribution of Proceeds: After the sale, the sheriff or constable takes their fees and costs. Then you receive payment up to the amount of your judgment plus interest and costs. Any surplus goes to the debtor. If the sale doesn’t cover the full judgment, you can pursue additional collection efforts

Protect Your Business through Collections

This educational information is so valuable for construction business owners, as collections is an unfortunate constant in the industry. Protecting your business and ensuring your team is compensated for their work is essential for any construction company head. Now that you know more about writs of garnishment and writs of execution, understanding how to collect a judgment is another tool you can add to your belt to help you build a better business.

Turn Your Judgement Into Cash

Winning a judgment is meaningless if you can’t collect it. In Texas, writs of garnishment and writs of execution are your primary tools for turning that piece of paper into actual money in your bank account. If you need help collecting a Texas judgment, The Cromeens Law Firm specializes in construction payment collection. We understand the unique challenges contractors face in collecting unpaid invoices, and we have extensive experience using writs of garnishment and execution to recover money for our clients. Contact us today at 713-715-7334 to discuss your collection situation. We can help you:

• Locate the debtor’s assets through legal discovery
• Determine the best collection strategy for your judgment
• Prepare and file writs of garnishment and execution
• Navigate challenges and exemption claims
• Maximize your recovery

Don’t let your judgment collect dust. Let us help you collect your money.

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FAQs

How much does it cost to get a writ of garnishment in Texas?

Filing a writ of garnishment application typically costs $100-$200 in court filing fees, plus $75-$150 for constable service fees. If you hire an attorney, expect additional legal fees. However, these costs are generally added to the judgment amount, so the debtor ultimately pays them. Many collection attorneys work on contingency, so you pay nothing upfront.

Can I garnish someone’s wages in Texas?

No. Texas does not allow wage garnishment for ordinary debts like unpaid construction invoices, credit cards, or personal loans. The only exceptions are child support, unpaid taxes, defaulted student loans, and court-ordered restitution. This is why bank account garnishment is so important in Texas—it’s your primary way to access the debtor’s liquid funds.

How long does it take to collect money through a writ of garnishment?

If the bank account has funds, the process typically takes 45-90 days from filing the application to receiving payment. This includes time for court processing, serving the bank, the bank’s answer period, and the court ordering payment. If the debtor challenges the garnishment or claims exemptions, it can take longer.

What happens if the debtor moves money out of their account after I file for garnishment?

Once the writ is served on the bank, accounts are immediately frozen—the debtor cannot withdraw funds. However, if they move money before service (if they learn you’re pursuing garnishment), those funds may escape. This is why speed and confidentiality are important. You can pursue additional garnishments at other banks or return later when they’ve replenished their accounts.

Can I force the sale of someone’s house with a writ of execution in Texas?

Generally, no. Texas’s homestead laws protect a person’s primary residence from forced sale to satisfy most debts. There are very limited exceptions (purchase money liens, home equity loans, property taxes, mechanic’s liens for work on that property, refinances, and reverse mortgages). However, you can execute on the debtor’s second homes, investment properties, or commercial real estate.

What if the debtor claims all their property is exempt from collection?

Texas law does provide generous exemptions, but not everything is exempt. You can challenge exemption claims that appear fraudulent or excessive. A collection attorney can review whether the debtor’s exemption claims are valid and whether there are non-exempt assets (business equipment, investment property, luxury vehicles, etc.) you can pursue. Post-judgment discovery helps identify what assets actually exist and whether exemption claims are legitimate.

Can You Garnish the Same Bank Multiple Times?

Yes. If you garnish an account and it’s empty (or insufficient), you can return months later and garnish the same bank again. Debtors often replenish their accounts over time.

What If the Debtor Has Multiple Accounts?

One writ of garnishment typically covers all accounts the debtor has at that bank. If the debtor banks at multiple institutions, you need to serve separate writs on each bank. This article is intended as a general educational overview of the subject matter and is not intended to be a comprehensive survey of recent jurisprudence, nor a substitute for legal advice for a specific legal matter. If you have a legal issue, please consult an attorney.