To file a Texas writ of execution, wait until 30 days have passed since the judge signed your final judgment, submit an Application for Writ of Execution to the clerk of the court that entered the judgment, and once the clerk issues and seals the writ, deliver it to a sheriff or constable in the county where the debtor’s non-exempt property is located. The process is governed by Rules 621 through 656 of the Texas Rules of Civil Procedure, and each step has its own paperwork, fees, and timing rules.
When You Can Ask the Clerk to Issue the Writ
Under Rule 627, the clerk cannot issue a writ of execution until 30 days after the judge signs the final judgment. That window exists so the debtor can file post-trial motions or an appeal bond. If the debtor files a timely motion for new trial, the clock restarts: the clerk will issue the writ 30 days after the court overrules the motion, or 30 days after it is overruled by operation of law, which happens automatically 75 days after the judgment is signed if the court has not ruled.1Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 627
If the debtor posts a supersedeas bond or other security under the appellate rules, no writ can issue while that bond remains in effect. Check the court’s docket before you prepare your application. The clerk will run the same check, but catching an active appeal early saves you a filing fee and a rejection.
Find the Debtor’s Assets First
A writ is only worth filing if you know what the officer can seize. Rule 621a gives judgment creditors the right to use any discovery tool in the Texas Rules of Civil Procedure to locate assets after judgment, so long as the judgment has not been superseded by a bond or gone dormant.2South Texas College of Law Houston. Rule 621a – Discovery in Enforcement of Judgment
The most common move is to notice a post-judgment deposition of the debtor and require them to bring bank statements, vehicle titles, and property records. Written interrogatories can ask for employer information, account numbers, and descriptions of real and personal property. Post-judgment discovery happens inside the same lawsuit; no new case is required. Debtors who ignore it face motions to compel and, ultimately, contempt.
What the Officer Cannot Take
Some property is off-limits, and directing a levy on exempt assets invites a motion to quash and potential liability. The Texas homestead — the debtor’s primary residence — is exempt from forced sale on a money judgment regardless of value. Only mortgage lenders, taxing authorities, and holders of home-improvement liens can force a homestead sale. A general judgment creditor cannot.
Personal property is protected under Chapter 42 of the Texas Property Code, which shields categories such as home furnishings, food, clothing, tools of trade, certain vehicles, and livestock up to an aggregate fair market value set by statute, with a higher cap for families than for single adults.3State of Texas. Texas Property Code Chapter 42 – Personal Property Exemption Current retirement accounts, most insurance proceeds, and certain government benefits are also generally beyond the reach of execution. Read Chapter 42 before you instruct the officer on what to seize.
Completing the Application and the Writ
You need two documents. The Application for Writ of Execution is your formal request to the clerk. The Writ of Execution is the order the clerk signs and seals that directs the officer to act. Templates for both are usually available on the District Clerk or Justice of the Peace website for the court that entered your judgment, under “forms” or “post-judgment.”
Rule 622 requires the clerk to tax costs and issue execution on any final judgment upon application, and the writ must be addressed to any sheriff or any constable within the State of Texas, not limited to one county.4Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 622 Both documents need the following:
- Cause number and the court that rendered the judgment.
- Date the judge signed the final judgment.
- Full legal names of the judgment creditor and debtor, and the debtor’s last known address.
- Original principal amount, credits for any payments already received, accrued post-judgment interest, and taxable court costs still owed.
- Return period. Under Rule 621, you choose whether the writ is returnable in 30, 60, or 90 days.5Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 621
Your financial figures must match the final judgment exactly, adjusted only for payments received and accrued interest. Post-judgment interest accrues at the rate stated in the judgment. If the judgment is silent, Texas law sets the rate quarterly under a formula in the Texas Finance Code; as of early 2026 that rate is 6.75 percent.6Texas Office of Consumer Credit Commissioner. Interest Rates Many courts require the application to be verified or notarized, so check the local rules for the court where you are filing.
Filing With the Clerk
Attorneys must file the application electronically through eFileTexas.gov, the statewide portal run by the Office of Court Administration.7eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas Self-represented parties can e-file but are not required to and may submit the application in person or by mail. E-filing service providers charge a small convenience fee on top of the court’s filing fee.
The clerk reviews the application, confirms the judgment is final with no pending supersedeas bond and no unexpired 30-day waiting period, taxes any remaining court costs, and issues the writ under the court’s official seal. A miscalculated interest figure, an active appeal, or a missing verification will get the application rejected, and you will need to correct and refile.
Delivering the Writ to a Sheriff or Constable
Once you have the sealed writ, deliver it to the sheriff or constable in the county where the debtor’s assets sit. Because the writ is addressed statewide, you are not limited to the county that entered the judgment. If your judgment came out of Harris County but the debtor’s bank account is in Dallas County, you take the writ to a Dallas County sheriff or constable.
The officer’s office requires the original writ, not a copy, along with a service and levy fee that varies by county. Travis County charges $240 to execute a writ of execution, and Williamson County charges $200 plus a commission on the amount collected.8Travis County, Texas. Civil Fees9Williamson County, TX. Service Fees Williamson County’s commission, for example, is 10 percent on the first $20,000 and 4 percent above that. Call the specific office to confirm the current fee and accepted payment methods before you show up.
Give the officer as much detail as you can about the assets. Bank name and branch address for accounts. Description and location for vehicles or equipment. Street address for real property. Vague instructions produce slow, unsuccessful levies.
How the Officer Executes the Writ
For personal property, the officer levies by taking physical possession. When property belonging to the debtor is held by a third party, such as inventory in a warehouse, the officer levies by giving written notice to the person in possession.10Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 639 Before sale, the officer posts notice at the courthouse door and at the sale location for at least 10 consecutive days.11Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 650
Real estate takes longer. The officer must publish notice of the sale once a week for three consecutive weeks in a newspaper published in the county where the land is located, with the first publication at least 20 days before the sale. The notice describes the property, the authority for the sale, the levy date, and the time and place of the sale. If no newspaper in the county will publish at the statutory rate, the officer posts written notices at three public places, one of which must be the courthouse door, for at least 20 days. The officer must also give the debtor or the debtor’s attorney written notice of the sale, in person or by mail.12Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 647
The Return and Reissuing the Writ
After the return period expires — 30, 60, or 90 days depending on what you specified — the officer files a written return with the clerk or justice of the peace that issued the writ. The return is signed by the officer and describes what was done to carry out the writ. If the officer collected enough to satisfy the judgment, or if you endorsed the writ directing an early return, the officer must file the return immediately.13South Texas College of Law Houston. Rule 654 – Return of Execution
If the writ comes back unsatisfied or only partly satisfied, you can request another. There is no limit on the number of writs you can issue on the same judgment as long as the judgment remains alive, and each new writ can go to a different county if the debtor’s assets have moved. Issuing writs periodically also keeps the judgment from going dormant, so do not sit on it hoping the debtor will pay on their own.
When a Writ Is Not the Right Tool
A writ of execution reaches property the officer can find and physically seize. Two other tools cover situations a writ handles poorly.
An abstract of judgment creates a lien on all real property the debtor owns or later acquires in the county where the abstract is recorded. You obtain a certified abstract from the court clerk and record it with the county clerk in any county where the debtor owns or might acquire real property; the county clerk records and indexes it in the real property records.14Justia Law. Texas Property Code Chapter 52 – Judgment Lien The abstract must include a mailing address for the judgment creditor or you owe a penalty filing fee. The lien lasts 10 years from the date it is recorded and indexed, unless the underlying judgment goes dormant first. Priority generally follows a first-in-time rule, though tax liens and purchase-money mortgages take priority regardless of recording date.
A turnover order under Section 31.002 of the Texas Civil Practice and Remedies Code reaches assets an officer cannot easily grab: bank accounts, brokerage holdings, accounts receivable, intellectual property, and business interests. The court can order the debtor to hand over non-exempt property and related documents to a designated sheriff or constable, appoint a receiver to sell the property, and enforce compliance through contempt.15State of Texas. Texas Civil Practice and Remedies Code Section 31-002 You are entitled to recover reasonable costs and attorney’s fees on the motion. A turnover order still cannot reach exempt property, and it cannot reach funds held by a financial institution until the institution receives a certified copy of the receivership order served in the manner specified by Section 59.008 of the Texas Finance Code.
If the Debtor Files Bankruptcy
A bankruptcy petition triggers an automatic stay that halts virtually all collection activity, including execution. If a writ has already been delivered to a sheriff or constable, the officer must stop the moment the filing is known. Proceeding with a sale after the stay takes effect can void the sale and expose the creditor to sanctions.
The stay pauses enforcement rather than killing the judgment. If the debt is not discharged in the bankruptcy, for example because it falls within an exception for fraud, certain taxes, or domestic support, you can resume execution once the case closes or the stay is lifted. Creditors can also ask the bankruptcy court to lift the stay in appropriate circumstances. If you learn the debtor has filed, stop all collection activity and consult an attorney before doing anything else.