I won a judgment and it is not yea 10 years old. That means I do not do a scire facias but instead I do a Writ of Execution which I paid an atty. to do and he will not talk to me now. So, next I am to take it to a constable ( for about $150 ). H will go to where the debtor is located and get my judgment money. Problem is the debtor does not have any property apparently since no property is on the appraisal districts in the counties I contacted.
So, how can I get a constable to do anything to get the judgment money. Additionally, since a writ of execution is the way to extend the life of the judgment; how can extend the life of the judgment.
There's a saying that a judgment is worth the price of the piece of paper it is written on. Collecting against individuals in Texas can be difficult or even impossible as the rules that protect property are fairly generous.
You may want to hire an experienced collections attorney, who can conduct as asset search, serve post judgment discovery and garnish bank accounts (if the person has any). Unfortunately, there is no way to tell if after all that whether the person will have anything that you can take to satisfy the judgment.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the Bankruptcy Code as well as resolve other debt issues.
Unfortunately, if the debtor has no property, the constable will not be able to get anything. I did not quite understand the last question about "how can extend the life of the judgment", but basically, you need to request a writ of execution AND it must be delivered to the constable at least once every 10 years to keep the judgment alive. So, you will need to request it again before 10 years after this first one.
I hope this information is helpful. Add a comment or send me message if you have additional questions.
A Writ of Execution does not extend your judgment, you must file another document for that. In order to find out what assets the defendant has, you must perform a Judgment Debtor Exam. Then you can identify assets for the Sheriff to seize. Generally, most household items are exempt, so if you find out where they work, garnishing wages is the easiest way to collect.
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