Texas Judgment Defense Lawyer

A Texas judgment defense lawyer handles the legal work that begins after a judgment has been signed and the creditor starts collecting. RRK Law takes calls from people who have just received notice of a judgment, a garnishment, an abstract of judgment, a writ of execution, or a turnover order. Texas post-judgment law is technical, the deadlines are short, and the available defenses depend on the specific procedural posture.

Texas judgments are enforced through a set of tools under the Civil Practice and Remedies Code and the Rules of Civil Procedure. The creditor can record an abstract of judgment that creates a lien on the debtor's real property under Texas Property Code Chapter 52. The creditor can obtain a writ of execution to levy on non-exempt personal property under CPRC Chapter 34. The creditor can garnish bank accounts under CPRC Chapter 63 and Rule 657 of the Texas Rules of Civil Procedure. And the creditor can apply for a turnover order under CPRC Chapter 31, which compels the debtor to turn over non-exempt property to the court or a receiver.

Nothing on this page is legal advice. The right approach depends on the judgment, the creditor's specific filings, and the debtor's exemption position. The earlier counsel reviews the documents, the more defenses remain available.

Texas exemptions every defense starts from

Homestead. The Texas Constitution and Property Code §41.001 et seq. exempt the homestead — generally up to 10 acres in an urban area or up to 200 acres rural — from forced sale on most judgments. The exemption does not protect against specific obligations like the mortgage, property taxes, mechanics' liens, and certain federal tax obligations.

Personal property. Texas Property Code §42.001 et seq. exempts up to $100,000 in personal property for a family (or $50,000 for a single adult) across listed categories — household furnishings, two firearms, a vehicle per household member with a driver's license, professional tools, and others. Items above the cap can be selected and surrendered.

Retirement and life insurance. Texas Property Code §42.0021 exempts qualified retirement plan funds, IRAs, and certain life insurance proceeds and cash values. The exemption is broader than most states.

Wages. Texas Constitution Article XVI, §28 and Property Code §42.001 generally exempt current wages from garnishment except for child support, federal taxes, and certain other limited obligations. This is a major Texas-specific protection.

Common post-judgment moves and how to defend each

Abstract of judgment. When the creditor records an abstract, it creates a lien on the debtor's non-exempt real property in the county of recording for 10 years (and can be renewed). Defense usually focuses on whether the lien improperly attaches to homestead property, whether the underlying judgment is void or voidable, and whether the lien has expired.

Writ of execution. A writ allows the constable or sheriff to seize non-exempt personal property to satisfy the judgment. The debtor's exemption rights under Property Code Chapter 42 are the primary defense, along with proper procedural objections to the writ itself.

Garnishment. Texas garnishment is governed by CPRC Chapter 63 and Texas Rule of Civil Procedure 657 et seq. Bank accounts can be frozen on issuance of the writ. The debtor must move quickly to assert exemptions (particularly wages and retirement funds) and to challenge any defects in the writ or application.

Turnover order. CPRC Chapter 31 (§31.002) lets a creditor ask the court to order the debtor to turn over non-exempt property to the court or to a court-appointed receiver. Turnover is broad but is not a substitute for a writ on property that can be reached by ordinary execution, and exemption objections remain.

Setting aside the underlying judgment

If the deadline to appeal has not passed, a direct appeal of the judgment may be available. Texas judgments are generally final and appealable when signed; the deadline for a motion for new trial is 30 days from the date the judgment was signed (Texas Rule of Civil Procedure 329b governs the trial court's plenary power and the 30-day motion-for-new-trial clock), and the deadline to file a notice of appeal is generally 30 days from the date the judgment is signed (or 90 days if a motion for new trial or motion to modify is timely filed).

A Bill of Review is a separate, independent equitable proceeding (NOT a motion under Rule 329b) used to set aside a judgment that has become final and is no longer subject to a motion for new trial or direct appeal. The four-year residual statute of limitations under CPRC §16.051 applies. The petitioner must plead and prove the three Baker v. Goldsmith elements: (a) a meritorious claim or defense, (b) which the petitioner was prevented from making by official mistake or by the opposing party's fraud, accident, or wrongful act, and (c) unmixed with any fault or negligence of the petitioner. Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979).

Restricted appeal under Texas Rule of Appellate Procedure 30 is available in limited circumstances (party did not participate at trial, error apparent on face of record, filed within six months of the judgment). It is a narrow remedy but useful when the procedural posture allows.

How RRK Law approaches judgment defense

Call (512) 436-2779. The first call confirms the procedural posture — what judgment, what enforcement tool the creditor has used, and what deadlines are running.

The intake gathers the judgment, any abstract of judgment, any writ or application, and any garnishment papers. The exemption analysis runs in parallel — homestead status, personal property inventory, retirement holdings, and wage protection.

Strategy depends on whether the goal is to challenge the underlying judgment, to protect exempt property, or to negotiate a manageable payment plan. Most cases involve some combination of the three. A short engagement letter sets the scope.

Why some Texas judgments are harder to enforce than they look

Texas's homestead and wage protections are unusually strong. A judgment can be on the books for years without ever reaching the debtor's home or wages, even though it shows up on credit reports and may attach to other property.

Even where collection is theoretically available, the practical cost of enforcement can exceed the value of the property reached, especially after exemptions are claimed. Many judgments resolve through negotiated payment plans rather than aggressive enforcement.

Defending against enforcement does not eliminate the underlying obligation. The judgment still exists and accrues post-judgment interest under CPRC §304.003. Long-term resolution usually involves either negotiating a settlement, taking the case to appeal or bill of review where appropriate, or developing a structured response to the creditor's enforcement attempts.

Can a Texas judgment take my home?

Generally no. The Texas homestead exemption under the Texas Constitution and Property Code §41.001 et seq. protects the homestead — up to 10 acres urban or 200 acres rural — from forced sale on most judgments. Exceptions exist for the mortgage, property taxes, mechanics' liens, federal tax liens, and certain other obligations specifically allowed under the law.

Can my wages be garnished in Texas?

Texas current-wage garnishment is prohibited under the Texas Constitution Article XVI, §28 and Property Code §42.001 except for specific obligations: child support, federal student loans, federal taxes, and a few others authorized by federal law. This is one of the strongest wage protections in the country.

What happens to my bank account after a garnishment?

A writ of garnishment under CPRC Chapter 63 and Texas Rule of Civil Procedure 657 can freeze the account on issuance, before the debtor receives notice. The debtor must move quickly to assert exemptions and to challenge any defect in the writ. Wages already deposited can sometimes retain their exempt character under Texas law, but the analysis is specific to the timing and source of the deposits.

How long does a Texas judgment last?

A Texas judgment is governed by the dormancy rule in CPRC §34.001: a writ of execution must issue within 10 years of the judgment, and each subsequent writ must issue within 10 years of the prior writ, or the judgment becomes dormant. A dormant judgment may be revived by scire facias (or by an action of debt) brought within 2 years of dormancy under CPRC §31.006. Liens created by abstracts of judgment under Property Code Chapter 52 follow the same general framework. Interest accrues on the judgment at the rate set by CPRC §304.003.

Are these calls confidential even if I do not hire the firm?

Yes. Communications with a lawyer for the purpose of obtaining legal advice are protected by the attorney-client privilege under Texas Rule of Evidence 503, and that protection generally applies to initial consultations whether or not the client retains the firm. Do not include third parties in the call (other than co-clients) because the presence of an outsider can waive the privilege.

Related RRK Law resources

• Travis County Judgment Defense Lawyer
• Williamson County Judgment Defense Lawyer
• Texas Turnover Order Defense Lawyer