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How Long Does a Judgment Stay Last in Texas?

Dena Standley | May 29, 2024

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: A judgment stay under Texas law gives you three months to take action and prevent the creditor from executing the judgment. Use SoloSettle to pay the debt and avoid having a judgment that lasts for ten years.

A judgment stay in Texas lasts three months and must be rendered within ten days of the judge’s ruling. When you succeed in getting a stay of judgment in a debt collection case, the court suspends the enforcement of the decision. You will have three months to appeal or determine how to pay the debt.

If you do not get a stay of judgment or three months pass without taking action, the judgment becomes enforceable and lasts for ten years in Texas. Technically, a judgment in Texas can last indefinitely. Initially, it remains ten years from the date a judge signs it. However, after ten years, it becomes a dormant judgment, but the creditor can renew it by filing a motion with the court.

In the next section, we will help you understand stay of judgment better and how you qualify to get one. Afterward, we will look at how to address a judgment.

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What is a judgment stay?

A judgment stay in a debt collection case is a court ruling to stop or suspend the execution of a judgment that has been made. If a creditor wins a debt collection case, a stay of judgment will help you avoid significant financial harm if you appeal the case, resulting in a different outcome. It also enables you to put your finances together and pay or settle the debt, preventing the judgment execution. Let's look at an example.

Example: Casey had a debt of $5,500 with Discovery Bank. They filed a debt lawsuit against him, and the judge ruled in favor of the creditors. As part of the ruling, Discovery wanted permission to sell a section of a real estate property his grandfather passed down to him. Casey requested a stay of judgment as he still believed he had a winning chance if he appealed. If he didn’t win, he needed time to strategize how to pay the debt and prevent the property sale. The stay of judgment prevented Discovery Bank from selling the property immediately.


Who qualifies to request a judgment stay?

In a debt collection case, the defendant (often the borrower) can request for a stay of judgment after they lose the case to a creditor or debt collector. However, you must meet the following criteria to request as per Tex. R. Civ. P. 635:

  • Appear before the court to explain your situation.
  • Look for someone who will take direct legal responsibility for your debt in case you fail to fulfill your obligation.
  • The person you choose must sign a written document stating they are taking legal liability for the debt if you do not pay in three months.
  • File an affidavit stating that you lack the financial means to pay the judgment. If the creditor proceeds with executing the judgment within three months, you may suffer financial hardship.

It’s a big ask as the persons binding themselves as sureties assume full liability for the debt if you fail to pay it. Having a solid strategy to repay the debt before that happens is essential. Debt settlement is one way of paying off your debt before the three months are over. SoloSettle can help you negotiate with your creditor. Learn more about debt settlement in the following video.

How does the court enforce a Texas judgment?

If you do not apply for a stay of judgment, fail to get a stay approval, or the three months end without addressing your debt, the court will enforce the judgment. Fortunately, Texas does not allow wage garnishment for most consumer debt, but creditors can use the following means to get their money.

Put a judgment lien on your property.

Creditors often do their own investigations to find out if the debtors they take to court own property. Putting a lien on your property means the creditor is entitled to receive all their money the moment you sell it. Fortunately, Texas has judgment-proof property, such as personal assets and homes for up to $50,000 or $100,000 for a family. The lien lasts ten years, and the creditor has the legal right to renew if you don't sell within that period.

Access your bank account

If a creditor finds out you have a reasonable amount of money in your bank account, they will request permission to directly access your bank account and get their money. Your creditor will send a Writ of Garnishment to the bank, asking them to hand over the money to them as a settlement for a judgment. To prevent a creditor from discovering your bank account balances, ensure they never get information on your bank of choice, the account name, and the number.

Use a Writ of Execution

A Writ of Execution is a document a creditor files with the court clerk directing the local sheriff or constable to take and sell part of your nonexempt assets forcefully. This approach is usually aggressive and can taint your image with family, friends, or colleagues. Creditors often use this approach to prompt you to negotiate and settle the judgment.

How can I deal with the judgment?

You don't have to wait for the creditor to execute the judgment. First, if you are party to a debt lawsuit, respond quickly by filing an Answer. In Texas, you have 14 or 20 days from the date of service to file your Answer, depending on what type of court has jurisdiction over your case. Filing an Answer in a timely manner preserves your right to fight the lawsuit and ensures you avoid a default judgment.

You have several options that may help to prevent the above outcomes. They include:

  • Paying the judgment in full: If you have some money set aside or receive a gift or a lump sum from an investment, you can use this money to pay off the entire debt and avoid experiencing further financial harm.
  • Wait it out: A method less likely to succeed is to wait for the ten years the judgment lasts. However, you are still at risk because you do not know when the creditor may decide to come after your assets or bank balance.
  • File for bankruptcy: A Chapter 7 bankruptcy often eliminates judgments on most debts. Be prepared to see a sharp drop in your credit score, limiting your probability of getting a new line of credit.
  • Negotiate for settlement: Settling your debt for less than you owe is a sure way of avoiding judgment execution. It allows you to pay less than you owe and keep your assets and bank balance. When you settle debt in Texas, you can avoid a judgment.

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What are the roles of a 'judgment creditor' and a 'judgment debtor' in a small claims case?

In a small claims case, the judgment debtor is the defendant to whom the court has issued a judgment, while the judgment creditor is the plaintiff who has been awarded relief by a court judgment.

Under Texas law, small claims courts, also known as justice courts, can hear cases involving up to $20,000.

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