In part one of this series, we saw that collecting a judgment from an individual is difficult because Texas protects up $50,000.00 of personal property items for single individuals and $100,000.00 in personal property items for families. This is one of many debtor protections under Texas law.
One of the hardest lessons to learn in litigation is that obtaining a judgment against an opposing party by no means guarantees that your client will be paid. Unless the opposing party has the cash on hand (and a willingness to pay) or an insurance policy covering the claim, you will need to obtain a writ of execution from the court and then have your local constable attempt to seize the party’s assets to pay for the judgment.
When it comes to individuals in Texas, finding those assets can be difficult.…