Texas Writs of Garnishment to Collect Judgment Liens from Borden County
Judgment creditors who are having trouble collecting from a debtor in Borden County can turn to Busby & Associates for assistance. We are experienced in all areas of judgments, including defense, collection, and enforcement. Our primary area of skills is garnishing bank accounts and financial institutions, but we also provide support for consumer bankruptcy, family law, and divorce cases, for both obligors and obligees under child support liens. Additionally, we can assist with the domestication of foreign child support liens in Texas. Give us a call and we’ll help you navigate the process and take action to collect your judgment when your debtor lives in Borden County, Texas.
Texas Judgment liens
The proper recording and indexing of an abstract of judgment results in a judgment lien that acts as a claim on all of the judgment debtor’s non-exempt real estate in Borden County, the county where it is recorded. To create a judgment lien, the abstract must be filed in each county where the lien is sought. The lien remains in effect for ten years from the date of recordation and indexing if the judgment does not become dormant. The judgment on which the lien is based must be final and not interim. An abstract can be filed on a final judgment, even if it is being appealed or a supersedeas bond has been posted. The fact of appeal will not cancel the lien if the judgment is affirmed, provided that the judgment creditor has taken steps to secure the lien prior to the appeal. These rules pertain to Texas state trial court judgments only and do not apply to enforcement of judgments from other states or foreign countries, which must first be domesticated in Texas before a lien can be created.
Texas Abstract of Judgment
Texas laws state that either a judge, justice of the peace, clerk of the court, or the agent, attorney, or assignee of the judgment creditor can create an abstract of judgment for judgments rendered in all but small claims and justice courts. In those courts, the judgment creditor is not allowed to prepare their own abstract. A certificate from the court clerk is a must for abstracts of federal court judgments, it should be noted. In Borden County, Texas you would abstract your judgment lien at the County Clerk’s office located at 117 E Wassom, Gail, Texas 79738.
To be considered valid, an abstract of judgment in Texas must include the following information: (1) the names of the plaintiff and defendant; (2) the defendant’s birthdate, if obtainable by the clerk of justice; (3) the last three digits of the defendant’s driver’s license number, if obtainable; (4) the last three digits of the defendant’s social security number, if obtainable; (5) the suit number in which the judgment was granted; (6) the defendant’s address or, if not listed in the suit, the citation’s details and the date and location of service; (7) the date of judgment; (8) the amount of the judgment and the remaining balance; (9) any outstanding child support arrearage; (10) the interest rate specified in the judgment. Additionally, it is important to note that the abstract must include the mailing address for each plaintiff or judgment creditor, or a penalty fee will be imposed. Furthermore, the abstract prepared by the creditor’s attorney must be verified and unsworn declarations are not acceptable.
To ensure that the abstract of judgment is recorded in Borden County. where the debtor has real property, the county clerk must file it in the Borden County’s real property records and document the date and time of recordation. Additionally, the clerk must add the names of all parties involved in the judgment and the page number in the records where the abstract is recorded to the alphabetical index of the real property records.
Abstracts of Domesticated Judgments.
According to the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments are enforceable as if they were filed in the court where they were granted. This applies to the holder of the foreign judgment seeking to domesticate it in Texas, who must also meet the lien requirements as per these acts.
Property to Which Lien Attaches Non-Exempt Real Property
All real property in Borden County, the county of recordation that is not exempt and belongs to the defendant is subject to the judgment lien.
Keeping the Judgment and Judgment Lien Alive
- Non-governmental Judgments
A judgment lien will continue for a period of 10 years after it is recorded and indexed, unless the judgment becomes dormant. To keep the lien in effect, steps must be taken to both maintain the judgment and record a new abstract of judgment. A judgment becomes dormant if no writ of execution is issued within 10 years of its rendition. The dormant judgment can be brought back to life by either filing an action of debt within two years of the judgment becoming dormant or by using scire facias.
- State or State Agency Judgments.
A state or state agency’s judgment remains enforceable over time, and a properly filed abstract of judgment creates a lien for 20 years from the date of filing. This lien can be extended for an additional 20-year period by filing a renewed abstract of judgment, ensuring the judgment’s validity is upheld.
- Political Subdivisions.
According to the dormancy statutes, judgments rendered by political subdivisions may become dormant. But, it is important to note that the statute of limitations in Civ. Prac. & Rem. Code § 31.006 does not apply to these judgments. Thus, dormant judgments made by political subdivisions can be reactivated at any time, not just within two years of dormancy.
- Child Support Judgments.
According to § 34.001 of the Civ. Prac. & Rem. Code, judgments for child support are excluded from the dormancy statute, and applies to all child support judgments.
Property Subject to and Exempt from Execution.
- Property Subject to Execution.
Execution can be used to seize the property of the judgment debtor, unless it falls under constitutional, statutory, or other legal exemptions. Generally, cash, pleasure boats, collections, financial investments, and airplanes are not considered exempt property. Corporations, however, do not have any exempt property that can be protected from execution.
- Property Exempt from Execution.
For both families and single adults, certain property is not subject to execution, including: the primary residence, personal property up to a value of $100,000 for families and $50,000 for single adults as outlined in law, current wages earned for personal services (excluding child support payments), unpaid commissions for personal services not exceeding 25% of the $50/$100,000 aggregate limit, health aids prescribed by a professional, worker’s compensation payments, cemetery plots held for sepulcher, property that the judgment debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee can provide other property of the debtor to satisfy the execution, assets in the hands of a trustee of a spendthrift trust for the benefit of the judgment debtor, certain insurance benefits, and certain savings plans such as retirement benefits and health savings plans, college savings plans, and consigned artwork.
WRITS OF GARNISHMENT
By utilizing post-judgment garnishment, a judgment creditor can examine the link between a third party and the judgment debtor and determine if there are any funds or property owed to the judgment debtor by the third party. If so, the judgment creditor can get a garnishment judgment that instructs the third party to pay the funds to the creditor instead of the judgment debtor.
Requirements to Issue
For garnishment to occur, the following conditions must be met: a) The creditor has a final and subsisting judgment against the debtor, b) The debtor has not taken steps to halt execution of the judgment through an approved supersedeas bond, and c) The creditor swears that, to the best of their understanding, the judgment debtor does not have enough property in Texas that can be taken to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Post-judgment garnishment is a separate legal proceeding from the main lawsuit it enforces, and it is an ancillary action brought against the third-party garnishee as the defendant. The same court that issued the judgment to be collected should receive the post-judgment garnishment application. If the original lawsuit was filed in the 245th judicial district court of Borden County, Texas, the garnishment application should also be filed in the same court in Borden County, but with a separate cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee is the party that must be served with the writ of garnishment and the judgment defendant is not a mandatory party in the garnishment action. However, they must receive a copy of the writ, the application, accompanying affidavits, and court orders as soon as possible after the writ is served on the garnishee. Furthermore, the copy of the writ served to the defendant must be in 12-point type and written in a way that is clear to a reasonably attentive person. Failure to give notice to the judgment debtor will render any judgment, other than one dissolving the writ, void.
Banks as Garnishees
In accordance with the Finance Code Section 201.102 and 201.103, the address of the registered agent of a financial institution, as listed in its registration statement filed with the Secretary of State, must be used when serving writs of garnishment on garnishee banks. Section 201.102 applies to out-of-state financial institutions, which must register with the Secretary of State and appoint an agent for the process, while Section 201.103 applies to Texas financial institutions, which may file a statement with the Secretary of State appointing an agent for the process.
According to Tex. R. Civ. P. 663, the officer executing a writ of garnishment must submit a return. It is important for the judgment creditor to carefully review this return before obtaining a garnishment judgment, particularly if it is a default judgment. The same rules that apply to citations also apply to returns in garnishment proceedings. In the past, returns have been found to be defective for not showing the way in which a corporate garnishee was served and the place of service.
Forms for the form and Practical Procedure
In order to garnish a bank account or other debt, it is necessary to first locate the account and confirm that there are sufficient funds to make the process cost-effective. Once this has been established, an Application for Garnishment must be filed, along with a supporting affidavit. The affidavit, typically signed by the attorney representing the judgment creditor, should include the following information: a. Original suit and judgment details, including any credits applied to the judgment; b. Correct garnishee name, named officers for service, and address for service, and c. account names and numbers if feasible.
The team at Busby and Associates can assist you in collecting your Texas judgment on a contingency basis and assist in garnishing a bank account or financial institution within Borden County, the county of the judgment debtor. Judgments from other states where the debtor is located in Texas will be evaluated individually, and may require a retainer.