[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Re: Second Motion for Examination of Judgment — Debtor Dear [Debtor's Name], I hope this letter finds you well. I am writing to address the matter of the outstanding judgment against you in [Case Number] that remains unpaid despite previous efforts to collect the debt. This letter serves as a Second Motion for Examination of Judgment pursuant to Texas [relevant statute]. As you are aware, a judgment was entered against you on [Date] in the amount of [Judgment Amount] by the [Court Name]. Despite multiple attempts to contact you and arrange a mutually agreeable payment plan, the debt remains unpaid. The purpose of this motion is to request the court's intervention in determining your ability to satisfy the judgment and to explore potential remedies for collection. In accordance with Texas law, the Second Motion for Examination of Judgment allows the judgment creditor to request the court to issue an order for the debtor's appearance at a hearing to examine their financial circumstances. This examination helps the court determine the debtor's ability to pay the outstanding judgment and explore appropriate options for collection. It is important to note that non-compliance with the court order can have serious consequences, such as additional fines, penalties, or even potential enforcement actions. In support of this motion, I have enclosed documentation reflecting our previous attempts to communicate with you regarding the outstanding judgment. These attempts include but are not limited to letters, certified mail receipts, phone call logs, and any relevant correspondence. As required by law, I have attached a completed Request for Disclosure to be provided to the debtor prior to the hearing for full transparency of the creditor's intent. Please note that your appearance at the hearing is mandatory, and failure to attend may result in further legal actions. The examination hearing is an opportunity for both parties to present relevant financial information, negotiate potential payment arrangements, or explore other options to satisfy the judgment. It is advised that you seek legal counsel or consult an attorney to aid you in this matter. The hearing has been scheduled for [Date and Time] at the [Court Name], located at [Court Address]. Your presence is required at this time, and it would be prudent to bring any relevant financial documents such as bank statements, tax returns, pay stubs, and other financial records that may be necessary for the examination. If you have any questions or require further clarification regarding the Second Motion for Examination of Judgment, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. Thank you for your prompt attention to this matter. I look forward to your cooperation and resolution of this outstanding debt. Sincerely, [Your Name]
Texas Sample Letter for Second Motion for Examination of Judgment - Debtor
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FAQ
These remedies generally cover ways to collect after a judgment has been rendered. The remedies generally covered in this research guide include judgment liens, writ of garnishment, writ of execution, turnover, and receivership.
A judgment lien lasts for ten years. ing to Section 52.001 of the Texas Property Code, a judgment lien cannot attach to any real property that is exempt from seizure or forced sale under Chapter 41 of the Texas Property Code.
A judgment is valid for 10 years after it is issued, and it can be enforced at any time within that time period. There are ways for a creditor to extend a judgment past that time, so if properly renewed, a creditor can seek to enforce the judgment and collect for many years even after the initial ten-year window.
In the State of Texas, judgments are considered valid for at least ten years, after which time the creditor can undertake relatively easy efforts to have judgment renewed for another ten years, and then another ten years after that, and so on.
Requesting a writ of execution from the court would allow the debtor's non-exempt property to be seized and sold with the proceeds going to the debt owed to the creditor. Some of the Texas justice courts have a form to request a writ of execution available on their website.
Ways to Collect a Judgment in Texas Writ of Execution. Judgment Lien. Writ of Garnishment. Turnover Order.
A Texas judgment is valid for ten years from the date it is signed by the judge. After the expiration of ten years the judgment is dormant for two years. During that two year period of dormancy the judgment cannot be enforced.
An abstract of judgment is a written statement providing details about the judgment and the debtor that is filed in the property records of the county. The judgment lien is created by the proper recording and indexing of an abstract of judgment. The lien lasts for 10 years and can be renewed.
