How Long Does a Judgment Stay Last in Texas?
A judgment stay in Texas gives you three months to appeal or arrange payment before enforcement begins. Without action, judgments last ten years and creditors can seize assets or access bank accounts. You can settle your debt for less than you owe and protect your property.
Settle Your JudgmentA judgment stay in Texas lasts three months. The court must render it within ten days of the judge’s ruling.
When you get a stay of judgment in a debt collection case, the court suspends enforcement. You gain three months to appeal or figure out payment.
Negotiate Your Texas Judgment Before Time Runs Out
You have limited time to settle your debt and avoid judgment execution. Our partner Solo helps you respond to lawsuits and negotiate settlements that protect your assets.
Start Settlement NowWithout a stay, or if three months pass without action, the judgment becomes enforceable. In Texas, judgments last ten years from the date a judge signs them.
Technically, a judgment in Texas can last indefinitely. After ten years, it becomes dormant. The creditor can renew it by filing a motion with the court.
You can take action now to protect your assets and avoid judgment execution.
What Is a Judgment Stay?
A judgment stay stops or suspends the execution of a court ruling. In debt collection cases, a stay protects you from immediate financial harm.
The stay gives you time to appeal the case or arrange payment. You can settle the debt and prevent judgment execution during these three months.
Example: Casey owed $5,500 to Discovery Bank. They sued him and won. Discovery wanted permission to sell part of his inherited real estate property. Casey requested a judgment stay because he wanted to appeal. He also needed time to pay the debt and prevent the property sale. The stay prevented Discovery Bank from selling the property immediately.
Who Qualifies to Request a Judgment Stay?
The defendant in a debt collection case can request a stay after losing. You must meet specific criteria under Tex. R. Civ. P. 635.
You need to take these steps:
- Appear before the court to explain your situation
- Find someone who will take legal responsibility for your debt
- Have that person sign a written document accepting liability if you don’t pay within three months
- File an affidavit stating you lack financial means to pay the judgment
Finding a surety is challenging because they assume full liability. You need a solid strategy to repay the debt before the three months expire.
Debt settlement offers one way to pay off your debt before time runs out. Our partner Solo can help you negotiate with your creditor and respond to the lawsuit.
How Does the Court Enforce a Texas Judgment?
Without a stay, or after three months expire, the court will enforce the judgment. Texas doesn’t allow wage garnishment for most consumer debt.
Creditors can still use these methods to collect:
Put a Judgment Lien on Your Property
Creditors investigate whether debtors own property before filing lawsuits. A lien means the creditor gets their money when you sell.
Texas protects certain property from judgment liens. Personal assets and homes up to $50,000 or $100,000 for a family remain judgment-proof.
The lien lasts ten years. The creditor can legally renew it if you don’t sell within that period.
Access Your Bank Account
Creditors who discover money in your bank account will request direct access. Your creditor sends a Writ of Garnishment to the bank.
The bank must hand over the money to settle the judgment. Never give creditors information about your bank, account name, or account number.
Use a Writ of Execution
A Writ of Execution directs the local sheriff or constable to seize and sell your nonexempt assets. The approach is aggressive and can damage your reputation.
Creditors often use this tactic to force you into negotiating a settlement.
How Can You Deal With the Judgment?
You don’t have to wait for creditor action. If you face a debt lawsuit, respond quickly by filing an Answer.
In Texas, you have 14 or 20 days from service to file your Answer. The deadline depends on which court has jurisdiction. Filing preserves your right to fight and avoids a default judgment.
You have several options to prevent judgment enforcement:
- Pay the judgment in full: Use savings, gifts, or lump sum investments to pay the entire debt. You avoid further financial harm.
- Wait it out: You could wait for the ten-year judgment period to expire. You remain at risk because creditors can pursue your assets anytime.
- File for bankruptcy: Chapter 7 bankruptcy eliminates most judgment debts. Expect a significant credit score drop that limits future credit access. You can speak with a bankruptcy attorney for free to explore your options.
- Negotiate for settlement: Settling your debt for less than you owe prevents judgment execution. You pay less and keep your assets and bank balance.
Settlement offers the best combination of debt relief and asset protection. You can resolve the judgment without losing everything.
What Are the Roles of Judgment Creditor and Judgment Debtor?
In a small claims case, the judgment debtor is the defendant. The court has issued a judgment against them.
The judgment creditor is the plaintiff. The court has awarded them relief through the judgment.
Under Texas law, small claims courts hear cases involving up to $20,000. These courts are also known as justice courts.