How do you execute a creditor judgment in Texas?

Answer:

Answer

File the judgment as a bank account levy or lien against real property or etc. with the clerk of the court in the city or county where the judgment was entered.


Texas does not allow a judgment creditor to garnish current wages (see CIVIL PRACTICE AND REMEDIES CODE below)
Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.


The only other exceptions for wage garnishment are in the case of child support, back taxes and student loans. If you are self employed or work for commissions etc. different rules apply. Your paycheck can be garnished once it has been deposited in your bank account.


Other income or holdings can be garnished if the following applies:

Sec. 63.001. GROUNDS. A writ of garnishment is available if:
(1) an original attachment has been issued;
(2) a plaintiff sues for a debt and makes an affidavit stating that:
(A) the debt is just, due, and unpaid;
(B) within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt; and
(C) the garnishment is not sought to injure the defendant or the garnishee; or
(3) a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.


A private individual cannot garnish tax refunds of another private individual.
Contact the office of the clerk of the circuit court (or court where the judgment was entered) for information on proper filing and execution procedures.
First answer by Macky. Last edit by Laughingcrow. Contributor trust: 0 [recommend contributor recommended]. Question popularity: 31 [recommend question].