Landlord Won't Pay Judgment in Texas: How to Collect a Security Deposit Award

You took your landlord to Texas Justice Court over a wrongfully withheld security deposit, won your judgment — possibly with treble damages under Property Code § 92.109 — and now the landlord is ignoring the court order. The court won't collect for you. That part is on you.

Why Landlords Are Often Collectible

Here's the good news: landlords are usually not judgment-proof. Unlike many small claims debtors, landlords typically own real property — the rental unit itself and often others. That property is your primary collection target.

The key question is whether the landlord owns the rental in their personal name or through an LLC. If it's personal ownership, you can pursue enforcement directly. If it's an LLC, your judgment is against the LLC (or against the individual, depending on who you sued), and you can only reach assets belonging to the judgment debtor.

Step 1: Record an Abstract of Judgment

An Abstract of Judgment creates a lien on the landlord's nonexempt real property. Request one from the Justice Court clerk ($5), then record it with the County Clerk in every county where the landlord owns non-homestead property ($26–$30 per county).

Search the County Appraisal District (CAD) website for each county you suspect — these are free online lookups. Look for rental properties, vacant lots, or commercial parcels. The landlord's primary residence is protected by the homestead exemption, but their rental properties are not.

Once recorded, the lien can cloud title and complicate a sale or refinance. It does not itself force a sale; if the property is sold, the lien may need to be resolved from the proceeds.

Step 2: Post-Judgment Discovery

If you don't know what the landlord owns beyond the rental property, serve post-judgment discovery under TRCP Rule 500.9(b). You don't need court permission. Send written interrogatories asking about:

• All real property owned in Texas (any county)
• Bank accounts used for rental income
• Other rental properties and management companies
• Business entities and their assets

The landlord has 30 days to respond. If they don't, file a Motion to Compel.

Step 3: Choose Your Enforcement Tool

For bank accounts — A Writ of Garnishment freezes the landlord's bank account. You file an application with a sworn affidavit, pay the fees (issuance $5–$8, service $85–$400 depending on county), and the bank freezes funds up to your judgment amount. This works well when you know which bank holds the rental income deposits.

For personal property and vehicles — A Writ of Execution directs the Constable to seize and sell nonexempt personal property. For a landlord, this could include work vehicles (beyond one per licensed driver), equipment, or inventory.

For hard-to-reach assets — A turnover order under CPRC § 31.002 reaches assets that can't be seized by ordinary execution — like rental income receivables, LLC distributions, or digital payment accounts.

What About Treble Damages?

If the court awarded treble damages under Property Code § 92.109 (bad faith retention of a security deposit), the full amount is enforceable just like any other money judgment. The landlord doesn't get to argue that the penalty portion shouldn't be collected.

Post-judgment interest also accrues on the unpaid judgment balance at the rate set by Texas Finance Code § 304.002 or § 304.003, as applicable. The Office of Consumer Credit Commissioner (OCCC) publishes § 304.003 rates.

Collecting From a Property Management Company

You can enforce only against a person or entity named as a judgment debtor, and only to the extent the judgment makes that debtor liable. If the management company was the named defendant and the owner wasn't part of the lawsuit, you can only enforce against the management company's assets.

Large management companies often pay judgments quickly to protect their business reputation and avoid liens on company-owned property. A formal demand letter sent to the company's registered agent (look them up on SOSDirect) sometimes gets the check moving without needing to file writs.

For the full enforcement workflow — from the 30-day waiting period through each tool and its fees — the Collecting a Small Claims Judgment in Texas guide covers the sequence step by step.

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