Texas Writ of Execution Form: What It Looks Like and How to Request One

Unlike many court filings where you prepare the document yourself, you don't draft a Writ of Execution in Texas. The Justice Court clerk prepares it for you after you submit an application and pay the issuance fee. But understanding what the form contains helps you verify accuracy before the Constable acts on it.

How to Request the Form

1. Wait 30 days after the judgment is signed (TRCP Rule 627). If a post-judgment motion is denied, the 30-day period runs from the denial.
2. Visit or contact the Justice Court clerk in the precinct that issued your judgment. Some counties accept requests through eFileTexas; others require an in-person visit.
3. Pay the issuance fee — typically $5 to $8 depending on the county.
4. Provide the case number, parties, judgment amount, and the county where you want the writ executed. If the debtor's assets are in a different county, the clerk can issue the writ directed to that county's Constable or Sheriff.

What the Writ Contains

The clerk-prepared Writ of Execution form includes:

• Case style — plaintiff and defendant names, case number, court
• Judgment details — date signed, principal amount awarded
• Post-judgment interest — total accrued interest through the issuance date, calculated at the rate set by Texas Finance Code § 304.002 or § 304.003, as applicable
• Court costs — awarded costs that are part of the judgment
• Direction to the officer — commanding the Constable or Sheriff to execute the writ by demanding payment and, if unpaid, seizing and selling the debtor's nonexempt property
• Return deadline — 30, 60, or 90 days, as specified by the clerk or the court

What You Should Verify

Before the writ goes to the Constable, check:

• Correct judgment amount — make sure the principal matches the signed judgment
• Interest calculation — verify the daily rate and the number of days since judgment. Errors compound over time.
• Correct debtor name and address — the Constable needs this to locate the debtor and demand payment
• Target county — if the debtor's assets are in a county different from where you litigated, the writ must be directed to the right jurisdiction

What Happens After the Constable Gets It

Once the Constable receives the writ, the execution process follows a statutory sequence:

Demand for payment. The officer contacts the debtor and demands payment of the full amount on the writ. Under Texas Property Code § 42.003, the officer also asks the debtor to designate specific nonexempt property for levy.

Property designation or officer selection. If the debtor pays, the process is over. If not, the debtor can designate which nonexempt property should be seized first. If the debtor can't be found or refuses to designate, the officer chooses.

Levy. For personal property — vehicles (beyond the one-per-driver exemption), equipment, inventory, valuable items — the officer physically takes possession. For real property, the officer endorses the levy on the writ without taking physical possession of the land.

Public sale. Personal property is sold at a publicly noticed auction. Real property sales happen on the first Tuesday of the month at the county courthouse.

Return on writ. The officer files a return with the court documenting what was seized, sold, and collected. Proceeds go first to officer expenses, then to your judgment balance, with any surplus returned to the debtor.

Fees Beyond the Issuance

The issuance fee is just the start. Constable fees for executing the writ range from $180 (Tarrant County) to $400 (Dallas County). If execution takes more than two hours of deputy time, hourly surcharges apply ($50–$80/hour depending on county). Allowable enforcement costs may be recovered upon filing the appropriate fee bills, but you pay them upfront.

The Collecting a Small Claims Judgment in Texas guide includes a county fee directory and an enforcement tool selection matrix so you can calculate the total cost before filing.

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