Donna Brown, P.C.
1250 S. Capital of Texas Hwy.
Bldg. 1
Suite 320
Austin, Texas 78746

Phone: (512) 732-2376
Fax: (512) 732-2518

Email: dbrown@dbrownlaw.com

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Post Judgment Remedies: Judgment Liens, Garnishment, Executions, Turnover Proceedings, Receiverships under the DTPA, and "Other Stuff"

Donna Brown, May 2017


 

Scope of Article

Successful collection of judgments requires the aggressive use of proper post judgment remedies having first prepared oneself with adequate discovery and asset searches. Knowing the debtor, his assets and activities, by thoroughly reviewing the client's files, visiting with the client on his knowledge of the debtor, post judgment interrogatories and depositions, information gleaned from pre-trial discovery and contacts with the debtor, skillful asset searches, and perhaps the aid of a private investigator, assists the judgment creditor in determining the proper tools for successful post judgment collection.

While many of the statutory aids discussed in the article may be available to the judgment creditor, the ultimate decision on which, if any, to use should be based on a careful cost/benefit analysis. The best remedy of all may be a post judgment payment agreement whereby the judgment creditor agrees to withhold further collection efforts, i.e. periodic interrogatories and depositions in aid of judgment, in exchange for monthly installments.