A judgment is what is entered against you by a creditor if you are sued and do not respond or if the creditor is successful in the lawsuit. The entry of a judgment means the creditor may pursue collection remedies to satisfy or collect on its judgment. Thirty days after a judgment is entered, a creditor may file a Writ of Execution to seize any non-exempt property belonging to the debtor. Other remedies may include garnishment, repossession, placing a lien on your property, foreclosure or taking of non-exempt property. Once a judgment has been entered, creditors may conduct post-judgment discovery or have a receiver appointed if they believe there are assets to administer. Secured creditors do not always have to obtain a judgment before foreclosing or repossessing collateral.
GENEROUS EXEMPTIONS IN TEXAS
While Texas exemptions are generous, it is possible in some instances for the creditor to take money from your bank account or other non-exempt property. If you have been sued, you should contact an attorney as soon as possible. The timelines may move very quickly and it is important to know what your options are before deadlines pass. It is important to know which, if any, of your assets are not protected. It is important to know if filing bankruptcy is a possibility or if other options are available. The filing of a bankruptcy will mean the imposition of an automatic stay. This means the lawsuit and all collection efforts will be halted at whatever point the bankruptcy is filed. Depending on specific circumstances, the judgment may be discharged in a Chapter 7 or satisfied in a Chapter 13. Even if a judgment has already been entered, filing a bankruptcy can help you protect your assets.
An experienced attorney can advise you on your various options, inside and outside of bankruptcy, to deal with or satisfy judgments.