Judgment Collection and Enforcement
In general, approximately 90% of all cases end in a settlement of some kind. This is usually best for all involved, because it brings certainty of outcome and eliminates unwanted risks and surprises.
But in your case, no settlement could be reached. So, you went to trial, a jury delivered a large verdict in your favor, and yet somehow the thrill of victory was marred by the agony of litigation costs, fees or expenses you had to incur along the way. Or perhaps you filed suit, the debtor never appeared and you obtained a default judgment or the debtor did appear but you obtained a summary judgment. What happens next?
In some instances, defendants suffering adverse verdicts or judgments will immediately satisfy the judgment and end the case. Other times, the defendant will appeal. If your judgment is sound, this can be a reasonably good thing, because the defendant, to avoid execution of the judgment, will have to post a supersedeas bond that fully covers the judgment and additional interest. If the defendant does not timely supersede the judgment, execution may proceed, whereupon a sheriff may seize non-exempt assets to satisfy the judgment.
Often, however, the judgment debtor will have no non-exempt assets. In such cases, the writ of execution will be returned nulla bona – which means you get nothing.
At this point, it is particularly helpful to have the most skilled collection attorneys involved. These attorneys must understand how to locate debtor assets. They must know how to effectively use post-judgment interrogatories, requests for production, and depositions to locate debtor assets. They must know how to domesticate and abstract judgments, garnish bank accounts, obtain turnover orders and even attach debtors who refuse to cooperate and hold them in contempt.
If you have a Texas judgment that has not been collected, please speak with us regarding possible actions that can be taken.