Writ of Execution in Texas
Writ of Execution in Texas: Very powerful collection tool.
A Writ of Execution is an order of the court to any constable in the state of Texas ordering him to execute on any non-exempt assets. For a general description of those assets that are exempt from execution, click here.
A writ of execution is a judicial writ directing the enforcement of a district, county, or justice court judgment. The writ typically directs the sheriff or constable to levy on a defendant’s nonexempt property, sell it, and deliver the sale proceeds to the plaintiff to be applied toward satisfaction of the judgment.
A judgment creditor has the right, as a matter of law, to have a writ of execution issued unless and until the defendant files a proper supersedeas bond. If no supersedeas bond is filed (Note: The matter must be under appeal for the defendant to file such a bond) and approved, a writ of execution must be issued if the plaintiff applies for it after the expiration of thirty days from the time final judgment is signed. If a motion for new trial is timely filed but is denied, the clerk must issue the writ after the expiration of thirty days from the time the order overruling the motion is signed or from the time the motion is overruled by operation of law.