Demand Letter Before Collecting a Judgment in Texas

Texas law doesn't require you to send a demand letter before enforcing a judgment. Once 30 days have passed after the judgment is signed or a post-judgment motion is denied under TRCP Rule 627 (or earlier if you qualify for the Rule 628 emergency exception), you can go straight to requesting a Writ of Execution. But in many cases, a formal post-judgment demand letter is the cheapest path to getting paid.

Why a Demand Letter Still Makes Sense

Some debtors don't pay because they don't know what comes next. They lost the case, assumed nothing would happen, and moved on. A letter that spells out exactly what enforcement tools you can use — liens on their property, bank account garnishment, constable seizure — often prompts a call or a payment.

Others know they owe but are waiting to see whether you'll actually pursue it. A demand letter signals that you're serious and that allowable enforcement costs may be recoverable upon filing the appropriate fee bills.

The cost is postage and time. If it works, you've collected without spending $180–$400 on constable fees.

What to Include

A post-judgment demand letter should be factual, not threatening:

• Judgment details — court name, case number, date signed, and total amount including post-judgment interest
• Payment deadline — give 10–14 days
• Payment method — check, cashier's check, or money order payable to you, mailed to your address
• What happens next — state that if payment isn't received, you intend to pursue enforcement through available legal mechanisms, which may include recording an Abstract of Judgment, requesting a Writ of Execution, or filing for garnishment
• Interest notice — note that post-judgment interest continues to accrue at the rate set by Texas Finance Code § 304.002 or § 304.003, as applicable

Don't threaten criminal prosecution (debt is civil, not criminal). Don't imply you're a law firm or government agency. Don't contact the debtor's employer or family about the debt. For consumer debts, the Texas Debt Collection Act (TDCA, Finance Code Chapter 392) also applies to original creditors collecting their own debts and prohibits harassment, abusive language, fraudulent misrepresentations, unconscionable means, and false threats of criminal arrest or unlawful asset seizure.

How to Send It

Send the letter via both certified mail (return receipt requested) and regular first-class mail to the debtor's last known address. Certified mail creates proof of delivery, but some people refuse to sign for it — the regular copy ensures they actually receive it.

Keep a copy of the letter and the certified mail receipt. If you later file for enforcement, this documentation shows the court that the debtor had every chance to pay voluntarily.

When to Skip the Demand Letter

Go straight to enforcement when:

• The debtor has already told you they won't pay
• The debtor is actively hiding assets or transferring property
• You have reason to believe the debtor will move out of the county or state
• The 21-day appeal window just closed and you suspect the debtor will dissipate assets (TRCP Rule 628 may let you get a writ before the 30-day waiting period)

If the Debtor Offers a Payment Plan

There's no formal mechanism in Texas Justice Court for court-supervised installment payments on a judgment. If the debtor offers to pay in installments, that's a private agreement between the two of you.

Get it in writing. Specify the amount and due date of each payment, that missed payments trigger the right to pursue full enforcement for the remaining balance plus interest, and that the agreement doesn't waive your right to record an Abstract of Judgment.

For the full enforcement sequence when a demand letter doesn't work, the Collecting a Small Claims Judgment in Texas guide covers each tool from abstracts through final satisfaction.

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