Remedies to Aid in the Collection of the Judgment
Abstract of Judgment
(Property Code, Chapter 52)
1. Available anytime after 21 for Civil and 5 days for Eviction days from the date the judgment was signed.
2. Creates a lien of real estate in the county in which the abstract is recorded. Can be recorded in any and all counties in which that defendant may have property.
3. Made available to the Credit Bureau.
4. Draws interest at a rate set by law, go to www.occc.state.tx.us to check current interest rate.
5. Is effective for 10 years and is renewable for an additional 10 years, conditioned on a Writ of Execution having been issued anytime during the first 10 year period.
6. It is very helpful to have the defendant's date of birth and/or driver's license number on the Abstract. If you have this information, please provide it to the Court with your request for an Abstract.
7. The Abstract is $5.00 per copy and is issued by the Court upon your request and the payment of the fee. You must have the Abstract recorded at the County Clerk's office at an additional cost.
Writ of Execution
(Rules of Court, Rule 621)
1. Available anytime after 30 days from the date the judgment was signed.
2. Order the Constable to seize non-exempt* property or collect payment to satisfy the judgment.
3. May issue as many times as necessary to satisfy the judgment.
4. The cost for the issuance of the Writ is $7.00 and the cost for service in Hopkins County is $175.00 along with the following: Fees collected on Execution Sale: 5% of the monies collected; Fees collected without a sale: 2.5% of monies collected.
*Pursuant to the Texas Property Code, 42.001, there exists a personal property exemption of $60,000 for a couple and $30,000 for a single adult, in addition to 12 other items listed in the for of Personal Property.
Justices of the Peace - Remedies to Aid in the Collection