Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In Texas, the execution of judgment is governed by the Texas Rules of Civil Procedure and other relevant state statutes. When a judgment creditor— the party who won a lawsuit—wishes to collect on a monetary judgment, they may request a writ of execution from the court. This writ authorizes a sheriff or constable to seize assets belonging to the judgment debtor—the party who lost the lawsuit and owes money. The seized assets can include personal property, real estate, and other non-exempt assets. Texas law provides certain exemptions that protect specific types of property from seizure, such as homestead property, certain personal property, and retirement accounts, among others. Once the property is seized, it may be sold at a public auction, and the proceeds are used to satisfy the judgment debt. The process must comply with legal requirements regarding notice, timing, and the conduct of the sale to ensure fairness and due process for all parties involved.
