Texas Real Estate State Practice Exam

What allows a party to enforce payment when they win a case but are unable to collect?

1. Adverse Possession (Squatter's rights)

2. Easement

3. Reservation

4. Writ of Execution

The correct answer is: Writ of Execution

The correct option is indeed the writ of execution. A writ of execution is a court order granted to enforce a judgment that has been obtained in a legal case. This order authorizes law enforcement, typically a sheriff, to seize property or assets from the party who lost the case, facilitating the collection of the owed amount. This mechanism is crucial because a judgment alone does not guarantee payment; it merely states that one party is owed a debt. The writ of execution provides the legal means to collect that debt by allowing the enforcement of the judgment through the seizure of property or funds. In contrast, adverse possession, easement, and reservation pertain to property rights and interests rather than the enforcement of court judgments. Adverse possession involves acquiring property rights through continuous possession over a period of time, whereas an easement grants specific use rights over another's property. A reservation refers to rights retained by a property owner when selling their property, such as retaining mineral rights. None of these concepts relate to the collection of debts through a court order.