Judgment Collection & Enforcement

Question 1

What happens to a judgment after 10 years if no writ of execution is issued?

Answer 1

It becomes dormant

A dormant judgment can be revived within 2 years by scire facias or action of debt.

Question 2

What is a writ of execution?

Answer 2

It authorizes sheriff/constable to seize debtor’s non-exempt property

It must describe the judgment, amount due, and debtor’s property subject to levy.

Question 3

What must happen to property that is levied by the sheriff?

Answer 3

It must be sold at public auction

Title passes to purchaser; purchaser is protected if the sale is procedurally proper.

Question 4

What types of property cannot be seized under Prop. Code Ch. 41?

Answer 4

Property exempt under Prop. Code Ch. 41

Judgments against municipalities/state often require legislative consent or statutory mechanism.

Question 5

List some exemptions from seizure under Prop. Code Ch. 41.

Answer 5

• Homestead (urban or rural)
• Burial plots
• Purchase money liens
• Property taxes
• Work/material liens (if written contract as per §53.254)
• Owelty of partition (divorce/family division)
• Refinance of valid lien
• Home equity loans under Tex. Const. Art. XVI §50(a)(6)
• Reverse mortgages

Proceeds from sale are exempt for 6 months (§41.001(c)).

Question 6

What is the definition of urban homestead under Prop. Code Ch. 41?

Answer 6

≤10 acres, contiguous, home + business use

Rural homestead is defined as ≤200 acres (family) or ≤100 acres (single adult).

Question 7

What is required for owners to file a voluntary designation of homestead?

Answer 7

Disclaimer/disclosure notices in certain contexts

This is outlined in §§41.005–.0051.

Question 8

True or False: An arbitration award is treated as a judgment for execution purposes.

Answer 8

True

FAA/TAA enforcement allows award confirmed by Texas court to be treated as an ordinary judgment (CPRC Ch. 171).

Question 9

What are the limited grounds to vacate an arbitration award?

Answer 9

• Fraud
• Corruption
• Partiality
• Excess of powers

These grounds are important for understanding arbitration enforcement.

Question 10

What must a creditor do if an unpaid contractor/sub judgment is involved?

Answer 10

Pursue writ of execution

However, property may be exempt under homestead protection.

Question 11

What is a common exam trap regarding judgment dormancy?

Answer 11

Forgetting judgments go dormant after 10 years if no writ issued

This is a frequently tested point.

Question 12

What is a common confusion related to exemptions under Prop. Code?

Answer 12

Confusing homestead exemptions (Prop. Code 41) with personal property exemptions (Prop. Code 42)

Understanding the distinctions is crucial for exams.

Question 13

Fill in the blank: A judgment lien attaches to homestead only if the lien is _______.

Answer 13

validly fixed

This is a critical point regarding lien validity.

Question 14

What is the protection period for proceeds from a homestead sale?

Answer 14

6 months

This protection is outlined in Prop. Code Ch. 41.

Question 15

True or False: Arbitration awards can bypass exemptions when enforced.

Answer 15

False

Arbitration award enforcement mirrors court judgment, keeping exemptions intact.

Question 16

What is the mnemonic for remembering key concepts in judgment collection and enforcement?

Answer 16

10–2–41–6

10 years for judgment dormancy, 2 years for revival window, 41 for Prop. Code homestead protections, and 6 months for proceeds exemption.