Mechanism 51

Execution sale of real property

How does a judgment creditor force the sale of a debtor's real property in Texas?

Writ of execution, levy, notice, sale. Thirty days after the judgment is signed the clerk issues the writ; the constable levies on non-exempt real property; notice of sale is posted and served; and the property is struck off to the highest bidder at the courthouse door on the first Tuesday of the month. It is the remedy people talk about and rarely finish.

By John P. Henry · Tex. R. Civ. P. 621–656; Tex. R. Civ. P. 627, 628 · Reviewed 2026-08-02

The authority

If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived.Tex. Civ. Prac. & Rem. Code § 34.001(a)

Tex. R. Civ. P. 621–656; Tex. R. Civ. P. 627, 628

When it applies

A debtor with real property that is not homestead and not fully encumbered. It is also the remedy that makes the others credible — a debtor who has watched a constable post a notice of sale negotiates differently.

How it is proved up

Wait the thirty days. Rule 627 has the clerk issue execution after the expiration of thirty days from the signing of the judgment, or thirty days after a timely new-trial motion is overruled. Rule 628 allows earlier issuance only on affidavit that the defendant is about to remove, transfer or secrete property to defraud creditors.
Write the instruction letter as though the constable will do exactly what it says, because that is what happens. Identify the property, state your position on payment, and give the debtor a defined window before seizure.
Check the title before you levy. A property under water helps nobody, and the sale still costs the creditor the fees.
Confirm the homestead position early. A homestead is not merely hard to reach; the judgment lien never attaches to it.
Calendar the dormancy date. Ten years without a writ and the judgment is dormant; two years after that and it cannot be revived at all.

What defeats it

Homestead, which is the usual answer on residential property.
Prior liens that exhaust the equity, so that the sale produces nothing for the judgment creditor.
A bankruptcy petition, which stops the sale where it stands under 11 U.S.C. § 362.
Supersedeas, which suspends enforcement pending appeal.

Where I have used it

AAT Bioquest, Inc. v. Texas Fluorescence Laboratories, Inc. · Cause No. D-1-GN-16-001929, 261st Judicial District Court, Travis County. Order of sale issued by the clerk; the constable levied on approximately 2.16 acres in March 2017; notice of sale issued and the sale was set for the first Tuesday in May at the Travis County courthouse. The debtor filed Chapter 11 before the sale — which is itself the ordinary end of a well-run execution, and the reason the next category exists.

Questions

How long after judgment can you execute in Texas?

Thirty days after the judgment is signed, under Tex. R. Civ. P. 627, or thirty days after a timely motion for new trial is overruled by order or by operation of law. Rule 628 permits earlier execution on an affidavit that the defendant is about to defraud creditors.

When are execution sales held in Texas?

Real property is sold at public auction at the county courthouse on the first Tuesday of the month, between 10 a.m. and 4 p.m., after notice given as the rules require.

What happens if the debtor files bankruptcy before the sale?

The automatic stay under 11 U.S.C. § 362 halts the sale. A sale conducted in violation of the stay is void or voidable, so the constable must be told the moment a petition is filed.