Post Judgment Discovery in Texas: Rules, Timelines, and What to Ask

Why Discovery Comes Before Enforcement

Before you spend money on a writ of execution or garnishment, you need to know what the debtor owns and where it's located. Post-judgment discovery lets you require answers to questions about the debtor's assets and request related records.

Many creditors skip this step and go straight to enforcement, which often means paying constable fees to target assets that turn out to be exempt. Discovery costs nothing beyond the effort of preparing and serving the requests.

The Key Rule: TRCP 500.9(b)

Post-judgment discovery in Texas Justice Courts operates under a different standard than pre-trial discovery. Under TRCP Rule 500.9(b):

• No court permission is required. You serve discovery requests directly on the debtor or their attorney at any time after the judgment is signed.
• Allow at least 30 days to respond from the date of service.
• The debtor may file written objections within 30 days. If they do, the court schedules a hearing.

This is a critical distinction from pre-trial discovery under Rule 500.9(a), which requires a written motion, service on the opposing party, and a signed court order before any discovery can take place. Post-judgment discovery skips all of that.

What Discovery Tools Are Available

Three primary instruments exist for post-judgment discovery:

Written interrogatories — written questions the debtor must answer under oath. Target specifics: employer name and address, bank account numbers and institutions, vehicle VINs and registrations, real property addresses, business ownership interests, and any pending lawsuits or settlements.

Requests for production — demands for documents. Ask for bank statements (last 6–12 months), tax returns, vehicle titles, real estate deeds, business formation documents, and loan or lease agreements.

Post-judgment oral depositions — a sworn in-person examination under TRCP Rule 199. This is the most powerful tool because you can follow up on evasive answers in real time. It's also the most expensive and logistically complex.

Most creditors start with written interrogatories and requests for production. If the answers are incomplete or raise more questions, an oral deposition may be worth the cost.

What to Do When the Debtor Doesn't Respond

If the debtor ignores your discovery requests or provides transparently evasive answers, file a Motion to Compel under TRCP Rule 215. The court can order the debtor to respond fully.

If the debtor disobeys a court order compelling discovery, the judge can impose sanctions — monetary fines or civil contempt proceedings. Repeated refusal to comply with a signed court order is one of the few situations where a debtor's obstruction carries real consequences.

Public Records You Can Search Without Discovery

While waiting for discovery responses, you can search public records to build a picture of the debtor's assets:

• County Appraisal District (CAD) records — searchable online in most counties, showing property ownership and valuations
• County Clerk Real Property Index — reveals deeds, mineral interests, and existing liens
• Secretary of State SOSDirect — shows corporate officer positions, LLC memberships, and UCC financing statements

These searches are legal, free, and often faster than waiting 30 days for a discovery response. They won't show bank accounts or exact income, but they'll tell you whether the debtor owns real property or business interests worth pursuing.

Privacy Requirements for Discovery Documents

Any post-judgment discovery documents filed with the court must comply with TRCP Rule 21c. Before filing, redact: Social Security numbers, driver's license numbers, bank account numbers, credit card numbers, birth dates, home addresses, and names of minors. Use "X" characters or blackouts for the redacted portions.

Failure to redact can result in the filing being rejected — and sensitive data becoming part of the public court record.

The Texas judgment collection guide includes sample interrogatory questions and a pre-discovery checklist covering both formal discovery and public records research.

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