How to Collect a Small Claims Judgment in Texas

The Court Won't Collect for You

Winning a Texas small claims case gives you a piece of paper — a signed judgment. The court does not automatically enforce it, transfer money to you, or contact the other side about payment. Collecting is your responsibility.

This surprises most people. The expectation gap between "I won" and "I got paid" is where the real work begins.

The Timeline Before You Can Act

After the judge signs the judgment, several deadlines run before enforcement tools become available:

• Day 14: Deadline for the debtor to file a Motion for New Trial or Motion to Set Aside
• Day 21: A motion still unruled is denied by operation of law at 5:00 PM; an appeal is due within 21 days after the judgment is signed, or within 21 days after a Rule 505.3 motion is denied
• Day 30: Earliest a writ of execution can issue is 30 days after judgment signing, or 30 days after denial of a post-judgment motion, under TRCP Rule 627

If the debtor perfects an appeal with the required bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs, enforcement is stayed and the appeal goes to the County Court at Law or, where the county has no statutory county court, the District Court for a new trial. If no appeal is perfected, request a writ only after the Rule 627 waiting period.

Step 1: Send a Demand Letter

While you wait out the 30-day period, send a written post-judgment demand letter. It's not legally required, but it creates a record of the debtor's non-payment and sometimes prompts voluntary payment — especially from people who lost and simply forgot or hoped you'd go away.

Keep the letter neutral and factual: state the judgment amount, the date it was entered, the court, and a deadline for payment. Don't threaten anything you can't legally do.

Step 2: Find the Assets

Before spending money on enforcement, figure out what the debtor owns. Post-judgment discovery under TRCP Rule 500.9(b) lets you serve written interrogatories and document requests directly on the debtor — no court permission needed, with at least 30 days to respond.

In parallel, search public records: County Appraisal District websites for real property, Secretary of State SOSDirect for business interests, and the County Clerk's Real Property Index for deeds and liens.

Step 3: Choose Your Enforcement Tool

Texas provides four primary enforcement mechanisms, each designed for different asset types:

Abstract of judgment — Creates a lien on nonexempt real property in any county where you record it. Low cost ($5 issuance + $26–$30 recording), passive enforcement. Good for debtors who own real estate beyond their homestead.

Writ of execution — Directs a constable to seize and sell nonexempt personal and real property. Costs $5–$8 for issuance plus $180–$400 for constable service. Good for tangible assets.

Writ of garnishment — Freezes nonexempt funds in the debtor's bank account. Requires a sworn affidavit that ordinary execution won't satisfy the judgment. Note: Texas does not allow wage garnishment for civil judgments.

Turnover order — Compels the debtor to hand over intangible or hard-to-reach assets. The court can appoint a receiver to locate and liquidate property.

Most creditors start with an abstract of judgment (if the debtor owns real estate) and a writ of execution or garnishment (for immediate recovery).

What You Can't Touch

Texas has some of the broadest debtor exemptions in the country:

• Homestead — no dollar limit, protected by area (10 acres urban, 200 acres rural for a family)
• Personal property — up to $100,000 aggregate for a family, $50,000 for a single adult who is not a member of a family
• Current wages — completely exempt from civil judgment garnishment
• Retirement accounts — IRAs, 401(k)s, pensions, and 529 plans fully exempt
• One motor vehicle per licensed driver

Understanding what's exempt before you spend money on enforcement prevents wasted constable fees and court filings.

Watch the Clock

A Texas judgment becomes dormant after 10 years if no writ of execution is issued. Keep the judgment active by requesting a writ before the deadline. Post-judgment interest accrues the entire time at the rate set on the date of judgment.

The complete Texas judgment collection guide walks through every step with the exact forms, fees by county, and deadlines — from the 30-day waiting period through case closure.

See more Texas guides →