An execution is the judgment enforcement process by which a judicial writ is issued directing a sheriff or constable to seize a debtor’s nonexempt property (corporate entities do not have exempt property), sell it and deliver the proceeds to the judgment creditor to be applied toward satisfaction of the judgment.
Texas Rule of Civil Procedure 622 provides as follows:
An execution is a process of the court from which it is issued. The clerk of the district or county court or the justice of the peace, as the case may be, shall tax the costs in every case in which a final judgment has been rendered and shall issue execution to enforce such judgment and collect such costs. The execution and subsequent executions shall not be addressed to a particular county, but shall be addressed to any sheriff or any constable within the State of Texas.
When can the writ issue?
If no supersedeas bond or notice of appeal, as required of agencies exempt from filing bonds, has been filed and approved, the clerk of the court or justice of the peace shall issue the execution upon such judgment upon application of the successful party or his attorney after the expiration of thirty days from the time a final judgment is signed. If a timely motion for new trial or in arrest of judgment is filed, the clerk shall issue the execution upon the judgment on application of the party or his attorney 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. Texas Rule of Civil Procedure 627.
Such execution may be issued at any time before the thirtieth day upon the filing of an affidavit by the plaintiff in the judgment or his agent or attorney that the defendant is about to remove his personal property subject to execution by law out of the county, or is about to transfer or secrete such personal property for the purpose of defrauding his creditors. Texas Rule of Civil Procedure 628.
We handle commercial debt collection and debt collection defense, for businesses across the nation that have matters residing in Texas or Oklahoma. To speak with a knowledgeable, dedicated, and aggressive attorney, Call (214) 880-9988 (Dallas) or (210) 550-1123 (San Antonio) for a free consultation today!