Donna Brown, P.C.
1705 S. Capital of Texas Hwy.
Suite 160
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, Executing, Turnover Proceedings, and Receiverships, under the DTPA, and "Other Stuff"

Donna Brown, September 2008


 

Scope of Article

Successful collection of judgments requires the aggressive use of proper post-judgment remedies having first prepared oneself with adequate discovery. 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, and perhaps the aid of a private investigator, assists the judgment debtor 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 untimate 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.