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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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What is the difference between a Writ of Execution and the

Customer Question

What is the difference between a Writ of Execution and the Motion to Enforce?
Can a Motion to Enforce a judgement be augured as a substitute for a Writ of Execution that was not submitted to the court within the revival period of a dormant judgement?
When a judgement is in the dormant stage, will the court allow a previously filed Motion to Enforce that judgement stand as a Writ of Execution when a Writ of Execution was never filed on the judgement?
Thank you for your legal perspective.
Regards,
Dwayne Spencer
that is currently dormant / dead judgement
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If the judgment is dormant (no activity for 10 years), there is a 2 year period in which the creditor can file a motion to permit the judgment to be enforced. This period would be the proper place for the creditor to file the "Motion to Enforce" and allow the judgment to be renewed.

See this Texas Bar Association article for a very detailed discussion of judgment enforcement in Texas, including appropriate citations: http://www.texasbarcle.com/Materials/Events/5832/95556_01.pdf

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