Post Judgment Civil Procedures

There are more post-judgment civil procedures available.

You may choose to:

  • Seek advice from a licensed attorney, or
  • Conduct your own legal research at the Law Library.

Note: Court clerks cannot provide legal advice, opinions, or assist in completing legal forms.

 

Appeal: Eviction

Texas Rules of Civil Procedure 510.9

  • Must be filed within 5 days of the judgment.
    Fees:
  • $64 – Filing Fee
  • $350 – County Clerk Filing Fee
  • $XXX – Appeal Bond
  • $XXX – Payment of Rent in Non-Payment of Rent Appeals

Appeal: Civil

Texas Rules of Civil Procedure 506.1

  • Must be filed within 21 days of the judgment, dismissal, or denial of a motion for new trial, reinstatement, or to set aside a judgment.
    Fees:
  • $64 – Filing Fee
  • $350 – County Clerk Filing Fee
  • $XXX – Appeal Bond

Motion to Reinstate After Dismissal

Texas Rules of Civil Procedure 505.3

  • Must be filed within 14 days after the order of dismissal is signed.
  • Allows the case to be reopened for further consideration.
  • Not applicable to eviction cases.
    Fee: $54

Motion to Set Aside Default Judgment

Texas Rules of Civil Procedure 505.3

  • Must be filed within 14 days after the order is signed.
  • Requests the court to overturn or set aside a judgment or ruling.
  • Not applicable to eviction cases.
    Fee: $0

Motion for New Trial

Texas Rules of Civil Procedure 505.3

  • Must be filed within 14 days after the order is signed.
  • Requests the court to vacate the judgment and order a new trial.
  • Not applicable to eviction cases.
    Fee: $54

Abstract of Judgment

Texas Property Code 52.001–52.006

  • Creates a lien on the defendant’s non-exempt real property after a final judgment.
  • Must be filed and indexed in the county where the property is located.
    Fee: $5 per abstract requested

Writ of Execution

Texas Rules of Civil Procedure 621, 627–639, 649–650

  • Directs the Sheriff or Constable to seize and sell non-exempt property belonging to the defendant to satisfy the judgment.
  • No writ may be issued until 30 days after judgment or denial of a motion for new trial.
    Fees:
  • $5 – Filing Fee
  • $150 – Constable Service Fee (if in Tarrant County)

Writ of Garnishment

Texas Rules of Civil Procedure 657–658, 667–669

  • Used to collect funds held by a third party (such as a bank) to satisfy a judgment.
  • May only be issued after final judgment when the plaintiff swears the defendant has insufficient non-exempt property in Texas.
  • Processed as a separate case against the garnishee.

Note: Wage garnishment is not available for civil judgments in Texas.
Fees:

  • $54 – Filing Fee
  • $5 – Writ Filing Fee
  • $75 – Constable Service Fee (if in Tarrant County)

Writ of Scire Facias

Civil Practice and Remedies Code 31.006

  • Revives a judgment that has become dormant after 10 years without execution.
  • Must be filed within 2 years after the judgment becomes dormant.
    Fees:
  • $5 – Writ Filing Fee
  • $75 – Constable Service Fee (if in Tarrant County)

Post-Judgment Discovery

Texas Rules of Civil Procedure 621a

  • Parties may conduct discovery to locate assets for enforcement.
  • May be done at any time after judgment, if no appeal has been filed and the judgment is not dormant.
  • Not required to be filed with the court.
  • The responding party must be given at least 30 days to respond.
    Fee: $0

Turnover

Civil Practice and Remedies Code Chapter 31.002

  • Allows a judgment creditor to reach property that cannot be easily seized by regular process and is not exempt.
    Fees:
  • $5 – Filing Fee
  • $150 – Constable Service Fee (if applicable)