Won Small Claims Case — Now What? Texas Collection Steps

You won. The Justice of the Peace signed a judgment in your favor. Maybe you expected the court to hand you a check or make the other side pay before leaving the courtroom. That's not how it works. Texas courts don't enforce money judgments for you — from here, collection is entirely your responsibility.

The Timeline You're Working With

Days 1–14: Motion for New Trial window. The losing side can file a Motion for New Trial or a Motion to Set Aside under TRCP Rule 505.3. If they do and it's granted, the case gets retried. If they file and the judge doesn't rule within 21 days, the motion is automatically denied.

Days 1–21: Appeal window. The debtor generally has 21 days after the judgment is signed to appeal to County Court for a trial de novo (a complete retrial) under Rule 506.1, or 21 days after a timely Rule 505.3 motion is denied. To perfect the appeal, they must post an appeal bond, make a cash deposit, or file a Statement of Inability to Afford Payment of Court Costs. A perfected appeal stays all enforcement and effectively vacates your Justice Court judgment until County Court acts.

Day 30: Writ of Execution becomes available. Under TRCP Rule 627, no Writ of Execution can issue until 30 days after the judgment is signed or a post-judgment motion is denied. The exception (Rule 628) is a sworn affidavit stating the debtor is about to remove personal property subject to execution out of the county or transfer or dispose of property in fraud of creditors.

Right away: Some tools don't wait. You can serve post-judgment discovery immediately after the final judgment is signed. You can request an Abstract of Judgment as soon as the judgment is final. And sending a demand letter has no statutory waiting period.

Step 1: Send a Demand Letter

No legal requirement, but a formal demand letter costs only postage and often works. Include the case number, judgment amount, interest accruing under Finance Code § 304.002 or § 304.003, as applicable, a 10–14 day deadline, and a statement that you'll pursue enforcement if unpaid. Send it certified and regular mail.

Step 2: Investigate What They Own

File post-judgment discovery under TRCP Rule 500.9(b). No court permission needed. Serve written interrogatories asking about bank accounts, real property, vehicles, employer, and business interests. The debtor has 30 days to answer. If they ignore it, file a Motion to Compel.

Also run your own public record searches — County Appraisal Districts for real property, SOSDirect for business entities.

Step 3: Record a Lien

For $5 plus county recording fees ($26–$30), an Abstract of Judgment creates a lien on the debtor's nonexempt real property. This blocks clean title transfers and captures future real estate purchases in that county. It's cheap insurance even if the debtor doesn't own property today.

Step 4: Choose Your Enforcement Tool

Based on what discovery reveals:

• Bank account with funds → Writ of Garnishment freezes the account
• Nonexempt personal property (second vehicle, valuable equipment, inventory) → Writ of Execution directs the Constable to seize and sell it
• Hard-to-reach assets (business income, digital accounts, LLC distributions) → Turnover order under CPRC § 31.002
• Nothing currently attachable → You may be dealing with a judgment-proof debtor — record the abstract, wait, and check back periodically

Step 5: Collect and Close

When you receive full payment — whether voluntarily, through a writ, or from a garnishment — file a Release of Judgment (satisfaction of judgment) with the court. If you recorded an Abstract of Judgment, also record a certified copy of the release with the County Clerk in every county where it was recorded to clear the debtor's title.

Don't forget that post-judgment interest accrues until the date of actual payment, not the date the debtor says they'll pay.

The 10-Year Clock

Under CPRC § 34.001, a judgment becomes dormant if no Writ of Execution is issued within 10 years after signing. A writ issued within that period keeps the judgment active for another 10 years from its issuance; this cycle can be repeated.

The Collecting a Small Claims Judgment in Texas guide maps the entire process from day one through final satisfaction, including an enforcement decision matrix and a judgment balance tracker.

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