Writ of Execution Defense in Texas

Judgment Against You? Watch out for a Writ of Execution #debt #sued #creditcard #judgment #lawsuit

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With a Writ of Execution, a Judgment creditor can send a sheriff or constable to your home or business in order for them to sell any non-exempt property that you own. The sheriff is bound by court order to sell property.

Writ of Execution Process in Texas

The Writ of Execution process in Texas is a legal mechanism used to enforce a judgment by allowing a creditor to collect the amount owed by seizing the debtor’s non-exempt property. Here’s how the process works:

Issuance of the Writ: Once a judgment is final, the creditor (or their attorney) can request the court clerk to issue a writ of execution. The writ is directed to any sheriff or constable and is typically not limited to one county. The writ must specify:
- The judgment amount.
- The property to be seized, if applicable, or directions for sale.
- The names of the parties and the judgment details.
- A bill of costs.
- A deadline for the sheriff or constable to execute the writ, typically 30, 60, or 90 days
Levy on Property: The sheriff or constable will proceed to levy upon the debtor’s property. They will seize the debtor’s non-exempt property unless directed otherwise by the creditor. If real property is involved, the officer may sell the property after public notice .
Exempt Property: Certain from execution under Texas law, including a homestead, wages, and certain personal property. The officer cannot seize such exempt items .
Sale of Property: If the creditor seeks to sell property, the writ directs the officer to conduct the sale. For real estate, the sale typically takes place on the first Tuesday of the month following notice . The property is sold to the highest bidder..
Costs and Fees: The writ includes the costs for executing the process, such as the officer’s fees, which vary by county. These costs are added to the amount owed by the debtor .
Wrongful Execution: If the execution improperly seizes exempt property y not belonging to the debtor, the debtor may have a claim for damages

What is Not Exempt From a Writ of Execution?

The most important question is typically what is exempt. Most of the property that you own is exempt. The common types of property that is not exempt and sold by a sheriff include:

1) Vacation homes
2) Rental properties
3) Boats
4) Excess Personal Property

Stopping a Writ of Execution in Texas

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it in an attempt to work out a resolution.

The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.

A debtor can challenge a writ of execution in Texas through several defenses and actions:

Claim Exemptions: Texas law protects certain assets from seizure, such as a homestead, personal property within value limits, and wages for personal services. A debtor can file a claim to exempt these assets from execution.
File a Motion to Quash: If there are procedural errors in issuing or serving the writ, such as improper notice, the debtor can file a motion to quash, requesting the court to cancel or halt the writ.
Object Based on Value: When personal property is seized, a debtor may argue that the item’s value does not justify the costs of execution and sale, especially if expenses would reduce any benefit to the creditor. Texas courts consider whether property seizure is practical and valuable for satisfying the debt.
Wrongful Execution Claim: If the writ targets exempt assets or assets not owned by the debtor, the debtor can file a claim for wrongful execution. This may result in halting the execution process and potentially recovering damages.
Use of Homestead Affidavit: If the writ targets a homestead, the debtor can file a Homestead Affidavit to clarify that the property is exempt and should not be seized under the writ of execution.
Negotiate a Settlement: Often creditors file a writ of execution to extend the life of the judgment to make sure it does not lapse. Despite the writ, the creditor may agree to work out a resolution
Consider Bankruptcy: A Chapter 7 Bankruptcy will stop the Writ of Garnishment and likely discharge the balance of the judgment.

If you have been served with a writ of execution, contact us today.

Mike Weston, Esq.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.