How do I collect a small claims judgement that I won?

I won a small claims judgment several years ago but have been unable to collect on the judgment. Since then the person I sued got married and purchased a home. I’m wondering what options I have to try to pursue my claim. Will the name change and marriage cause any problems? Can I put a lien on the home? Do I have to file a writ of execution or a writ of garnishment? What steps should I take to try to pursue this claim?

Asked on March 17, 2012 under Bankruptcy Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a judgment against a person that is not paid, you can then have an abstract of judgment issued regarding it by the court clerk and have it recorded on the judgment creditor's home through your county recorder's office. By doing such, you have a lien on the property that could result in payment on the judgment.

You also can serve a wage garnishment application on the judgment debtor's employer to get paid on the judgment. You can get the needed forms at the county law library or consult with an attorney that practices in the area of debt collection law. The writ of execution would be needed if a bank levy is the desired way to collect on the judgment.

I would do a wage garnishment and abstract of judgment process first.

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