If you have convinced the judge or jury that your side of
the story is correct, and that you are entitled to some
money from the person you sued, the judge will enter a
"judgment" in your favor. But this doesn't get you any
money. Sometimes the hardest part of the case is getting
your money. In the vast majority of cases the person you
sued will simply pay you after you win. If he or she does
not, however, you must take legal steps to try to enforce
your judgment.
There are a number of things you can do to encourage
payment. The first thing you should do is file an "Abstract
of Judgment." This is just a document the clerk of the
court can prepare, and the you file with the deed records
of each county you think the defendant owns property in.
This puts a lien on all the property in the county that
belongs to the defendant (except the defendant's home). If
the defendant tries to sell the property, then the new
buyer will take the land subject to the lien. Thus, the new
buyer will insist that you be paid off. But this may take
some time.
Therefore, you should also consider a "writ of execution."
This device orders the constable or sheriff to take the
debtor's "non-exempt" real or personal property and sell it
to pay your judgment at a public auction. In Texas, much of
what the average person owns is "exempt." Exempt property
includes the person's home and most personal property, up
to $30,000 in value for a single person and $60,000 for a
married couple. However, a landlord almost always has
property which may be sold at auction -- like the apartment
or home they rented!
If unsuccessful, and you know where the landlord has money
you should try a writ of garnishment. This device allows
you to obtain any money that is owed to the person you
sued. The most common type of money that a writ of
garnishment is used for is a bank account. If you know
where the person you sued has a bank account, you can go
back to the clerk of the court and obtain a writ of
garnishment to force the bank to turn over the money in the
account to you.
If the judgment is for a significant amount (like $5,000),
there are debt collectors and attorneys that may be willing
to help you. However, you should probably only pay them by
letting the take a percentage of what they collect.