A Travis County judgment defense lawyer handles enforcement of Texas judgments in Travis County courts — writs of execution issued by the Travis County clerk, garnishments served on banks within Travis County, abstracts of judgment recorded with the Travis County Clerk, and turnover orders issued from a Travis County District or County Court at Law. RRK Law takes calls from people who have been served with any of these or who have just learned that a judgment is being enforced.
The substantive law is the same statewide — the Texas Civil Practice and Remedies Code, the Texas Property Code exemptions, and the Texas Rules of Civil Procedure all govern. The procedure, the local clerks, and the specific courts are Travis County. RRK Law appears in Travis County District Courts at the downtown Austin courthouse and in the County Courts at Law as the docket requires.
Nothing on this page is legal advice. Defense depends on the specific judgment, the specific enforcement tool, and the debtor's exemption position. The earlier counsel reviews the documents, the more defenses remain available.
Need help now? Call RRK Law: (512) 436-2779 — free consultation for Austin, Travis County, and Williamson County.
Travis County enforcement infrastructure
The Travis County Clerk and the Travis County District Clerk handle filings for judgment-enforcement papers. Abstracts of judgment are recorded with the Travis County Clerk's land records. Writs of execution and writs of garnishment are issued by the District Clerk or County Clerk depending on the originating court.
Travis County constables serve writs and conduct executions. Levies on personal property and seizures move through the constable's office in the precinct where the property is located. Sale of seized property follows the procedure in Texas Rules of Civil Procedure 637 et seq.
Turnover orders under Civil Practice and Remedies Code §31.002 are issued from the originating court. A Travis County District Court that signed the underlying judgment retains jurisdiction to enforce. A receiver appointed under §31.002 has authority limited to the order.
Common Travis County post-judgment scenarios
Bank garnishment on a Travis County account. The bank receives the writ, freezes the account, and the debtor receives notice. Assertion of exemptions and any procedural defects must move quickly under Texas Rule of Civil Procedure 657 et seq.
Abstract recorded against Travis County real property. The abstract creates a lien on non-exempt real property in Travis County under Property Code Chapter 52. Where the property is homestead, the lien is improper and can be released by court order or by filing the appropriate affidavit and seeking judicial confirmation.
Travis County turnover order or appointed receiver. A receiver appointed under CPRC §31.002 can take possession of non-exempt property, sometimes including accounts, business interests, and intangibles. Exemption objections and scope objections to the receiver's authority are the primary defenses.
Setting aside or appealing the underlying judgment
If the judgment is recent, a motion for new trial under Texas Rule of Civil Procedure 329b (filed within 30 days) or an appeal (notice of appeal within 30 days, or 90 days if a motion for new trial is timely filed) is the direct remedy.
A Bill of Review is a separate, independent equitable proceeding when the appellate deadlines have passed. It is NOT a Rule 329b motion. 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 meritorious defense, prevention by official mistake or wrongful act of the opposing party, and absence of fault or negligence on the petitioner's part. Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979).
A restricted appeal under Texas Rule of Appellate Procedure 30 is available in narrow circumstances. Used correctly, it can reach errors apparent on the face of the record without re-litigating the underlying merits.
Texas exemptions — what Travis County debtors can protect
Homestead under Property Code Chapter 41 — up to 10 acres urban (most of Travis County) or 200 acres rural.
Personal property under Property Code §42.001 et seq. — up to $100,000 for a family in listed categories.
Retirement and life insurance under §42.0021 — IRAs, qualified plans, and life insurance cash values, broadly exempt.
Wages under Texas Constitution Article XVI, §28 — generally not garnishable except for child support, federal taxes, and a few federal-law exceptions.
How RRK Law handles Travis County judgment defense
Call (512) 436-2779. The first call confirms the procedural posture, the deadlines running, and the immediate exposure (bank account frozen, real property at risk, scheduled execution).
Intake includes the judgment, the enforcement papers, and a working exemption analysis. Where time is short — garnishment in progress, execution scheduled — the work moves the same day.
Strategy depends on goal: challenge underlying judgment, protect exempt property, or negotiate a payment plan that the creditor will accept in exchange for ending enforcement. Many cases involve some combination of all three.
Where do Travis County writs and garnishments come from?
Writs and garnishments are issued by the clerk of the court that signed the underlying judgment (Travis County District Court or County Court at Law) under the Texas Rules of Civil Procedure. The Travis County Clerk and District Clerk maintain these records. Service is by the constable or by certified mail depending on the writ.
Can a Travis County judgment reach my homestead in Austin?
Generally no. The Texas homestead exemption under Property Code §41.001 et seq. protects the urban homestead up to 10 acres (covering most of Travis County) from forced sale on most judgments. Exceptions apply for mortgages, property taxes, mechanics' liens, federal tax liens, and a few other specific obligations.
How fast does a Travis County garnishment freeze my bank account?
Typically immediately on service of the writ on the bank under Texas Rule of Civil Procedure 663. The debtor usually finds out after the freeze. Asserting exemptions and challenging procedural defects must happen quickly — Texas allows the debtor to dispute the application by sworn affidavit and seek release.
What if I never knew about the underlying lawsuit?
If the lack of notice was due to defective service or fraud, the judgment may be subject to attack by Bill of Review (an independent equitable proceeding with a four-year residual statute of limitations under CPRC §16.051; elements from Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979)) or by restricted appeal under Texas Rule of Appellate Procedure 30. The success of either depends on the specific record. Calling counsel quickly preserves options that close after limitations periods.
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
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The Law Offices of RRK, LLC represents Austin and Central Texas clients on personal injury, family law, and criminal defense matters. Free consultations. Call (512) 436-2779 or visit rrklawoffice.com.