Levy on Personal Property court proceedings is a tool in which I have satisfied numerous judgments. There are four avenues of post-judgment to collect on judgments and I take advantage of all of them.
30 days after judgment was awarded, the plaintiff will proceed to the courthouse to file the Levy on Personal Property procedure. It will be filed under the same case number from the court the judgment was awarded to judgment satisfied.
When the plaintiff files a Levy on Personal Property the procedure directs the sheriff or constable to seize the defendant’s non-exempt property. Check your state’s statutes to determine which personal property is exempt for seizure.
The sheriff will sell the non-exempt property at a sheriff’s auction. The defendant can pay the judgment before the sale which would dismiss the proceedings.
After costs of the procedure, the monies received from the sale will go towards the unsatisfied judgment:
Sheriff seized the defendant’s “fat boy Harley Davidson. I received the judgment of $3,900 in full within 72 hours!
Texas Procedure
County clerk will issue these documents and set a court date.
Request for Abstract of Judgment-once you file the abstract, the county clerk is required by law to record in that county’s real property records.
Application of Writ of Execution- document applying for the Writ of Execution to satisfy the judgment and costs in this action.
Writ of Execution-document issued by the county clerk that permits the sheriff or constable to seize the defendant’s non-exempt property.
Order of Sale-document describes the property to be levied and commands the sheriff or constable to seize.
Plaintiff must appear at the court hearing, but the defendant is not required to appear.
More than once the mere presence of a constable or sheriff at the door is often sufficient motivation to make payment arrangements.
Here are a few examples of personal property exempt in Texas:
1. Family heirlooms
2. Provisions for consumption
3. Two firearms
4. Farming and ranching vehicles
5. Two horses and bridle for each
6. 12 head of cattle
7. 120 fowl
8. Household pets
Always refresh the rental application when you are resigning the rental agreement. Make sure the tenant stills owns the personal property listed on the agreement. Keep an eye on the cars, boats and motorcycles.
Good idea is to perform a thorough asset search prior to requesting the writ of execution so that you can direct the constable or sheriff to specific property.
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