Texas Judgment Stay: What 3 Months Buys You (And What Happens Next)

A Texas judgment stay freezes enforcement for three months. That's it. No wage garnishment, no bank levies, no property liens—yet. The clock starts the moment the court grants your request, and it stops 90 days later whether you're ready or not.

Most defendants waste this window. You won't, because you now understand what a stay actually is: a firewall, not a solution. Use it to negotiate a settlement, file bankruptcy if the debt is overwhelming, or prepare an appeal if the creditor's case had holes.

What a Judgment Stay Does (and Doesn't Do)

When a creditor wins a lawsuit against you in Texas, the court enters a judgment. That judgment is a legal IOU that lets the creditor chase your wages, bank accounts, and in some cases, real estate. A stay of judgment halts that collection machinery for 90 days.

It does not erase the debt. It does not reset the ten-year judgment clock. It buys you time to act before the creditor files a Writ of Execution or Abstract of Judgment.

The stay must be issued within ten days of the court's ruling. If you miss that window, the judgment becomes immediately enforceable.

Three Requirements to Get a Stay in Texas

Texas Rule of Civil Procedure 635 sets the bar high. You must:

• Appear in court and explain why you need the stay. A written motion isn't enough,you show up in person.
• Find a surety: someone willing to sign a sworn affidavit promising to pay the judgment if you don't. This person becomes legally liable for the full amount.
• File an affidavit of poverty proving you lack the means to pay the judgment immediately and that enforcement would cause irreparable harm.

The surety requirement stops most people cold. You're asking a friend or family member to stake their own finances on your ability to resolve this debt in three months. That's why the stay is rare and why you need a concrete plan before you request one.

How Long Does a Texas Judgment Last Without a Stay?

If you don't get a stay,or if the 90 days expire without action,the judgment becomes enforceable and lasts ten years from the date the judge signs it. After ten years, it becomes dormant, but the creditor can renew it indefinitely by filing a motion. There's no limit on renewals.

That means a $10,000 judgment from 2015 could still haunt you in 2035 if the creditor is patient and diligent. Interest accrues at 5% annually in Texas, turning a mid-sized debt into a small fortune over time.

Four Ways to Use Your 90 Days

1. Negotiate a Settlement

Creditors would rather have money now than chase you for years. Offer a lump sum of 40-60% of the judgment amount in exchange for dismissal. Get the agreement in writing before you pay a dime. If you settle during the stay period, the creditor files a satisfaction of judgment, and the case closes.

2. File for Bankruptcy

If the judgment is part of a larger debt crisis, bankruptcy might be your cleanest exit. A Chapter 7 filing typically discharges unsecured judgments (credit cards, medical bills, personal loans) within four months. Chapter 13 lets you pay a fraction of what you owe over three to five years. Once you file, an automatic stay replaces the judgment stay, and it's far more powerful,it stops all collection efforts nationwide.

Use our bankruptcy screener to see if you qualify in under two minutes.

3. Prepare an Appeal

If the creditor won on a technicality or failed to prove the debt was yours, you can appeal to a higher court. The stay gives you time to gather evidence, hire an attorney, and file the appellate brief. You'll need to post a supersedeas bond (usually 1.5 times the judgment amount) to keep the stay in place during the appeal, which makes this option realistic only if you have a strong case and access to capital.

4. Move Exempt Assets Out of Reach

Texas exempts your homestead, retirement accounts, and up to $100,000 in personal property from judgment execution. If you have non-exempt assets (a second home, investment accounts, cash in checking), use the 90 days to shift what you can into protected categories. Do this carefully and with legal advice,fraudulent transfers can backfire.

What Happens After the Stay Expires

On day 91, the creditor can file for wage garnishment, bank account levies, or property liens. In Texas, wage garnishment is limited to child support, taxes, and student loans,but creditors can still freeze your bank account and seize the balance. They can also place a lien on non-homestead real estate, which prevents you from selling or refinancing until the debt is paid.

Once enforcement begins, your options narrow. The best time to act is during the stay, not after.

When a Stay Isn't Worth the Effort

If you can't find a surety or if the judgment is small enough that losing 10% of your bank balance won't crater your finances, skip the stay and focus on settlement or bankruptcy. The surety requirement is a dealbreaker for most people, and the three-month runway doesn't help if you're already judgment-proof (no wages to garnish, no non-exempt assets to seize).

Judgment-proof status is a viable strategy if you're living on Social Security, disability, or retirement income. Creditors can't touch those funds, and if your financial situation isn't likely to improve, the judgment becomes an empty threat.

If You Miss the 10-Day Window

Texas courts are strict about the ten-day filing deadline for a stay. If you miss it, the judgment is immediately enforceable, and you lose the option to request a stay. At that point, your options are settlement, bankruptcy, or preparing for collection enforcement.

If the creditor's lawsuit was served improperly or if you never received notice of the court date, you can file a motion to set aside the default judgment. You'll need to prove you had a valid reason for not appearing and that you have a meritorious defense. This is an uphill fight and usually requires an attorney.

How to Request a Judgment Stay

Start by filing a written motion with the court that issued the judgment. The motion must state your reasons for needing the stay and confirm that you will appear in person at the hearing. Bring your surety with you,they must sign the affidavit in front of the judge or a notary.

You'll also file an affidavit of inability to pay, which outlines your income, assets, and monthly expenses. Be specific. If you earn $2,400 a month and spend $2,300 on rent, utilities, and groceries, show that in black and white. The judge needs to see that enforcement would push you into crisis.

The hearing typically happens within a week of filing. If the judge grants the stay, you'll receive a written order. Keep a copy and send one to the creditor's attorney.

The Bottom Line

A Texas judgment stay gives you 90 days of breathing room, but only if you meet strict requirements and act fast. Use that time to settle, file bankruptcy, or appeal,not to ignore the problem. Once the stay expires, creditors can seize assets and freeze accounts, and your options shrink. If you're facing a judgment and need help deciding your next move, explore whether bankruptcy makes sense before the clock runs out.