Texas Writ of Execution: How to Request One in Justice Court

What a Writ of Execution Is

A writ of execution is a court order directing a constable or sheriff to seize and sell a judgment debtor's nonexempt property to satisfy your money judgment. It's the primary tool for physically taking property when a debtor refuses to pay.

Writs of execution in Texas are governed by TRCP Rules 621–656 and Chapter 34 of the Civil Practice and Remedies Code. They apply to both personal property (vehicles, equipment, inventory) and real property (nonexempt land), though the seizure process differs for each.

The 30-Day Waiting Period

Under TRCP Rule 627, a writ of execution cannot issue until 30 days after the judgment is signed — or 30 days after a motion for new trial is denied (by the judge's written order, or by operation of law at 5:00 PM on the 21st day after signing).

There's one exception. Rule 628 allows immediate issuance if you file a sworn affidavit stating the debtor is about to remove personal property from the county, or is about to transfer or dispose of property in fraud of creditors. This is rare in practice, but it exists.

During the waiting period, consider sending a post-judgment demand letter and starting post-judgment discovery to locate assets.

How to Request the Writ

Apply for the writ at the Justice Court Clerk's office that entered your judgment. You'll pay an issuance fee — $5 in Harris County, $8 in Tarrant County. The clerk prepares the writ, which states the principal balance, accrued post-judgment interest, and any awarded court costs.

The clerk then transmits the writ to the constable or sheriff in the county where the debtor's property is located. If the debtor's assets are in a different county than where you won the judgment, the writ still goes to the officer in the target county.

Private process servers cannot execute a writ of execution. Only a constable or sheriff has the authority to levy on and seize property.

What Happens After the Constable Receives It

The executing officer follows a specific sequence under Texas Property Code § 42.003:

1. Demand payment from the debtor
2. Ask the debtor to designate specific nonexempt property for levy
3. If the debtor doesn't respond or cooperate, the officer selects nonexempt property to seize

For personal property, the officer takes physical possession. For real property, the officer endorses the levy on the writ (no physical eviction happens at this stage).

After seizure, the officer posts public sale notices. Real property sells at public auction on the first Tuesday of the month at the county courthouse. Personal property sells at a location the officer designates after providing advance notice.

Sale proceeds go first to the officer's execution costs and storage expenses, then to your judgment, with any surplus returned to the debtor.

Constable Fees by County

Constable service fees vary significantly across Texas counties because local commissioners courts set them annually:

• Harris County: $185 for executing the writ, plus $75/hour per deputy beyond two hours
• Dallas County: $400 for execution, plus $50/hour per deputy beyond two hours
• Tarrant County: $180 for execution, plus $80/hour per deputy beyond two hours

These fees are recoverable — you can add them to the judgment debt by filing the appropriate fee bills with the court.

When a Writ of Execution Isn't Enough

A writ of execution works well for tangible assets the constable can physically locate and seize. It doesn't work as well for bank accounts (you need a writ of garnishment for those), intangible assets like accounts receivable, or property the debtor is actively hiding.

For hard-to-reach assets, a turnover order lets the court compel the debtor to hand over specific property or appoint a receiver to locate and seize it.

The Texas judgment collection guide covers the full sequence of enforcement tools and when to use each one.

See more Texas guides →