When someone owes money or damages in a legal dispute, winning a lawsuit doesn’t always mean immediate payment. Sometimes, debtors try to protect their assets by hiding or moving them before the case is over. This makes it hard for the winning party to collect what they are owed. In Texas, prejudgment remedies provide a way for creditors to protect their rights by securing property or money before the final court decision.

Prejudgment remedies Texas are special legal actions that let a court temporarily control a debtor’s assets during a lawsuit. These remedies help prevent debtors from avoiding payment by selling, transferring, or hiding property before judgment.

Why Use Prejudgment Remedies in Texas?

The legal process often takes a long time. Without prejudgment remedies, a creditor could win the case but still be left without any way to collect. For example, a debtor might sell valuable equipment, move money to another state, or hide assets to make collection impossible.

Using prejudgment remedies in Texas helps protect the creditor’s chance of recovery. It is a way to “freeze” or secure assets early in the case. This way, if the creditor wins, there will still be property or funds available to collect.

Types of Prejudgment Remedies Texas Offers

Texas law provides several types of prejudgment remedies. Each serves a specific purpose and requires meeting certain legal conditions.

1. Injunction

An injunction is a court order that stops a debtor from doing something that could harm the creditor’s chances. For example, a court may order a debtor to stop selling or transferring property. Injunctions are used to keep the situation stable until the case is resolved.

In Texas, a creditor can ask for a temporary restraining order (TRO) or a temporary injunction as prejudgment remedies. The TRO is usually short-term and granted quickly, while the temporary injunction lasts longer and requires a court hearing.

2. Sequestration

Sequestration allows a creditor to take possession of property involved in the lawsuit. This is often used if the property is at risk of being lost or damaged. The court can issue a writ of sequestration to seize and protect the property until the dispute is settled.

Sequestration works well when the creditor has a security interest or legal right in the property already.

3. Attachment

A writ of attachment is used when the creditor does not have a prior security interest but believes the debtor might try to hide or remove property. Attachment lets the court order the seizure of property to secure the debt.

Obtaining an attachment requires the creditor to prove several points, such as the debt’s validity and the risk of losing the ability to collect if the property isn’t secured. This is a strong prejudgment remedy Texas courts grant only when necessary.

4. Garnishment

Garnishment is used to seize money or property held by a third party, such as funds in a bank account. This remedy freezes the property while the lawsuit continues, preventing the debtor from withdrawing or transferring it.

Prejudgment garnishment requires proof that the debt is due and unpaid and that garnishment is needed to protect the creditor’s rights.

What Does It Take to Get Prejudgment Remedies in Texas?

Because prejudgment remedies affect a person’s property rights before a case is decided, Texas courts apply strict rules. The creditor must show strong evidence that the remedy is necessary and that the risk of losing assets is real.

Often, the creditor must post a bond. This bond protects the debtor in case the remedy is wrongly granted and causes harm. Courts carefully review these requests to avoid unfairly hurting the debtor.

When Should Creditors Consider Prejudgment Remedies?

Prejudgment remedies are commonly used in business disputes, commercial collections, and cases involving large amounts of money or property. If a creditor suspects that a debtor might try to hide or transfer assets, these remedies can be critical.

However, pursuing prejudgment remedies can be costly and complicated. Creditors need to balance the potential benefits against the expenses and legal requirements.

Conclusion

Prejudgment remedies Texas provide an essential way for creditors to protect their interests during lawsuits. From injunctions to garnishment, these legal tools help ensure assets remain available for collection if the creditor wins. While they require careful preparation and proof, prejudgment remedies in Texas play a vital role in fair and effective debt collection and legal enforcement.