Need to collect on a Texas court judgment? A “Sample Letter To Request A Writ Of Execution In Texas” helps you start that process. It’s a formal request to the court. It asks them to authorize a law enforcement officer to seize a debtor’s property. This happens when someone hasn’t paid what they owe.
We know legal letters can be daunting. That’s why we’re here to help. We will share samples you can use.
Consider this your toolkit for getting started. These templates will simplify the process. You can easily tailor them to your specific situation. Let’s get started!
Sample Letter To Request A Writ Of Execution In Texas
**Sample Letter To Request A Writ Of Execution In Texas**
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
Clerk of the Court
[Court Name]
[Court Address]
[City, State, Zip Code]
**Re: Request for Writ of Execution**
Case Name: [Case Name]
Case Number: [Case Number]
Dear Clerk of the Court,
I am writing to formally request the issuance of a Writ of Execution in the above-referenced case. A judgment was entered in my favor against [Debtor’s Name] on [Date of Judgment] for the amount of [Judgment Amount].
I have reason to believe that the debtor, [Debtor’s Name], has assets that can be seized to satisfy the judgment. These assets may include [Specify Known Assets, e.g., bank accounts, vehicles, real property].
Please prepare and issue a Writ of Execution, directing the appropriate constable or sheriff to seize and sell the debtor’s non-exempt property to satisfy the outstanding judgment, including accrued interest and costs.
I have enclosed the required fee for the issuance of the Writ. Please advise if any further information or documentation is needed.
Thank you for your prompt attention to this matter.
Sincerely,
[Your Signature]
[Your Typed Name]
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How to Write Letter To Request A Writ Of Execution In Texas
Heading: The Imperative “RE: Writ of Execution Request”
Don’t mince words. Your subject line should be direct and unequivocal. Start with “RE:” followed by “Writ of Execution Request” and, optionally, the cause number for swift identification by the court clerk’s office.
Salutation: Addressing the Right Luminary
Begin with a formal salutation. If you know the clerk’s name, use “Dear Mr./Ms./Mx. [Clerk’s Last Name]:”. If the name eludes you, “To the Clerk of the Court” is a serviceable alternative. Avoid casual greetings; this is a legal exigency, not a social call.
First Paragraph: Laying the Foundation
- Explicitly state your purpose: “I am writing to formally request the issuance of a Writ of Execution.”
- Provide the cause number and court name: “This request pertains to Cause No. [Cause Number] in the [Court Name] Court of [County], Texas.”
- Identify the parties involved: “The judgment creditor is [Your Name/Company Name] and the judgment debtor is [Debtor’s Name].”
Second Paragraph: Detailing the Judgment Particulars
Here, precision is paramount. Furnish the court with irrefutable details regarding the judgment.
- State the judgment date: “Judgment was rendered on [Date of Judgment].”
- Specify the judgment amount: “The total amount of the judgment is $[Judgment Amount].”
- Clarify any credits or payments: “The judgment has been partially satisfied by payments totaling $[Amount Paid], leaving a balance of $[Remaining Balance] due and owing.” If no payments have been made, state this explicitly.
Third Paragraph: Identifying Assets (If Known)
Although not strictly mandated, providing information about the debtor’s assets can expedite the execution process. This demonstrates due diligence on your part.
- List known assets: “The judgment debtor is believed to possess assets subject to execution, including [List Assets – e.g., bank accounts at [Bank Name], real property located at [Property Address], etc.].”
- Disclaimer (if applicable): “Please note that this information is based on my present understanding and may require further verification.”
Fourth Paragraph: Affirmation and Request
Reiterate your request with an assertive tone. This is where you directly demand action.
- Reiterate the request: “Therefore, I respectfully request that the Court issue a Writ of Execution to seize and sell the judgment debtor’s non-exempt property to satisfy the outstanding judgment.”
- Address for return: “Please return the executed writ to [Your Name/Law Firm Name] at [Your Address].”
Closing: Formal Farewell
End your letter with a professional closing.
- Use “Sincerely,” or “Respectfully submitted,” followed by your signature.
- Type your name below your signature, along with your bar number (if applicable), address, phone number, and email address.
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Frequently Asked Questions: Requesting a Writ of Execution in Texas
This section provides answers to common questions regarding the process of drafting a sample letter to request a Writ of Execution in Texas. It is intended for informational purposes only and does not constitute legal advice.
What is a Writ of Execution?
A Writ of Execution is a court order that directs a law enforcement officer to seize and sell a judgment debtor’s non-exempt property to satisfy a judgment.
When can I request a Writ of Execution?
You can request a Writ of Execution after you have obtained a final judgment in your favor and the judgment debtor has not satisfied the judgment within the allotted time frame.
What information should be included in the request letter?
The request letter should include the court name, case number, names of the parties, the judgment date, the amount of the judgment, and instructions regarding where and how to serve the writ.
Where do I file the request letter?
The request letter should be filed with the court that issued the original judgment.
Is there a fee associated with requesting a Writ of Execution?
Yes, there is typically a fee associated with requesting a Writ of Execution. Contact the court clerk for specific fee information.