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Brewster County

Texas Writs of Garnishment to Collect Judgment Liens from Brewster County, Texas


At Busby & Associates, we take pride in our ability to defend, collect, and enforce judgments. Our primary focus is on garnishing bank accounts and financial institutions, but we also provide valuable services to those dealing with consumer bankruptcy, family law, and divorce matters. Additionally, our team can help both obligors and obligees with child support lien collections and defense, and domesticating foreign child support liens in Brewster County, Texas. If you’re a judgment creditor struggling to collect from a debtor in Brewster County, Texas, don’t hesitate to contact us. We’ll assist you every step of the way.


Texas Judgment liens in Brewster County

A judgment lien that applies to all of the judgment debtor’s nonexempt real property in Brewster County can be established by properly recording and indexing an abstract of judgment. To fix the lien, the abstract must be filed in each county where the debtor owns property. The lien continues for 10 years from the date of recordation and indexing, provided that the judgment does not become dormant. For the lien to be valid, the judgment must be final and not interlocutory. Even if a judgment is being appealed or a supersedeas bond has been filed, an abstract of judgment may still be filed. If a creditor has established a lien before the appeal, the lien remains valid in the event of an affirmation. These rules only apply to Texas state trial court judgments, and to enforce judgments from other states or foreign countries, the judgment must first be domesticated in Texas before an abstract can be filed.


Texas Abstract of Judgment

In Texas, the rules for abstracts of judgment vary depending on the court in question. Generally, the judge, justice of the peace, clerk of the court, judgment creditor, agent, attorney, or assignee can prepare the abstract for judgments rendered in most courts, except small claims and justice courts. For these types of courts, the judgment creditor is not permitted to prepare their own abstract. It’s also important to note that abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract a judgment lien in Brewster County, Texas, the County Clerk’s office located at 201 W Ave E, Alpine, Texas 79830 is where you should go.


When filing a judgment in Texas, it is important to provide an abstract that contains specific information. This information includes the names of the plaintiff and defendant, the defendant’s birthdate (if available), the defendant’s driver’s license and social security numbers (if available), the suit number, the defendant’s address or citation information, the date of the judgment, the amount of the judgment and balance due, any child support arrearage, and the interest rate. Additionally, the abstract must include the mailing address for each plaintiff or creditor and must be verified by the creditor’s attorney. Failing to include the mailing address may result in a penalty filing fee. Unverified declarations are not acceptable.

Recordation of Judgment Liens Abstract

It is essential to have the abstract of judgment documented in Brewster County, especially if the debtor owns real property there. The Brewster County clerk receives the abstract and records it in the county’s real property records. Additionally, the clerk is mandated to indicate the exact date and time when the abstract was recorded. Furthermore, the clerk has to enter the abstract in the alphabetical index to the real property records. This includes the names of both the plaintiff and defendant, as well as the page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, judgments filed according to these Acts are enforceable in the same way as judgments filed in the original court. The foreign judgment holder seeking to domesticate the judgment in Texas must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The county where the defendant’s nonexempt real property is recorded, Brewster County, is where the judgment lien attaches.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

Following the date of recording and indexing, a judgment lien will last for 10 years, unless the judgment becomes dormant, in which case the lien will be terminated. To prevent this from happening, two steps are necessary: (1) ensure the judgment remains active and (2) obtain and record a new abstract of judgment. A judgment becomes dormant if no writ of execution is issued within a decade of its creation, but it can be revived through scire facias or a debt action within two years of dormancy.

2.      State or State Agency Judgments.

Dormancy does not apply to judgments made by the state or its agencies, and a lien can be established for 20 years from the filing date of a valid abstract of judgment. Renewal of the lien for an additional 20 years can be achieved by filing a renewed abstract of judgment.


3.      Political Subdivisions.

Dormancy statutes may cause judgments of political subdivisions to become dormant, but the same section, Civ. Prac. & Rem. Code § 31.006, the revival statute, allows the political subdivision to revive the judgment. Therefore, the statute of limitations will not prevent the political subdivision from reviving the judgment at any time, beyond the two-year dormancy period.


4.      Child Support Judgments.

Irrespective of when they were made, all child support judgments fall under Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code, which excludes them from the dormancy statute.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by the constitution, statute, or some other rule of law, the property of the judgment debtor is subject to execution by levy. In the majority of cases, the following forms of property are not exempt: a. Cash that is on hand or held in savings or checking accounts; b. Pleasure boats, their engines, and trailers; c. Collectibles, such as stamps or coins; d. Investments, including stocks, bonds, or notes; e. f. Airplanes. There is no exempt property for corporations.

2.      Property Exempt from Execution.

The following categories of property are exempt from execution, regardless of whether it belongs to a family or a single adult: a) the homestead; b) various categories of personal property as defined by law, worth up to a total of $100,000.00 for a family or $50,000.00 for an adult without family ties; c) current wages for personal service (with the exception of child support payments) and unpaid commissions for personal service, up to 25% of the $50,000/$100,000 aggregate limit; d) health aids that are prescribed by a professional; e) payments made under worker’s compensation claims; f) cemetery lots that are held for the purpose of interring human remains; g) any property that the debtor has sold, mortgaged or conveyed into trust, where the purchaser, mortgagee or trustee can identify other property that will satisfy the judgment; h) assets held by a trustee of a spendthrift trust for the benefit of the debtor; i) certain insurance benefits; j) certain savings plans, including retirement benefits and health savings plans; k) college savings plans; l) consigned artwork that meets certain criteria.

Brewster County


The post-judgment garnishment is an effective way for a judgment creditor to investigate whether any funds or property is owed to the debtor by a third party. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment that instructs the third party (garnishee) to make payments to the creditor instead of the debtor.

Requirements to Issue

To utilize garnishment after a judgment, specific requirements must be met. The creditor must hold a valid and subsisting judgment against the debtor, with the judgment being final and subsisting from the date of rendition. Additionally, the debtor cannot have filed an approved supersedeas bond to prevent execution on the judgment. Lastly, the creditor must attest that, to their knowledge, the debtor does not possess enough property in Texas to fulfill the judgment through execution.

Procedure for Securing Issuance Jurisdiction and parties

When pursuing a post-judgment garnishment, it is crucial to recognize that it constitutes a separate lawsuit from the primary legal action it aims to implement. As an adjunct to the primary suit, it must identify the third-party garnishee as the defendant. Additionally, it must be filed with the same court that granted the judgment for recovery, using a different cause number.

Service of the writ of garnishment/notice to judgment debtor.

The garnishee must be served with the writ of garnishment while the judgment defendant is not a mandatory party in the action. Nevertheless, the defendant should be provided with a copy of the writ, affidavits, orders of the court, and application after the garnishee has been served with the writ. It is necessary to include the contents of the writ in a conspicuous manner and 12-point typeface when serving the defendant. The court will consider any judgment invalid if the debtor is not given notice of the property.

Banks as Garnishees for Writs of Garnishment

Garnishment writs served on banks must be delivered to the registered agent’s address listed in the financial institution’s registration statement, as per Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions seeking registration with the Secretary of State must designate an agent for process and comply with state laws, per Section 201.102. Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State, according to Section 201.103.


Officer’s Return.

The officer executing a writ of garnishment is responsible for submitting a return that adheres to the citation rules. Tex. R. Civ. P. 663 emphasizes that the judgment creditor should carefully review the return before seeking a garnishment judgment, especially in default cases. Returns in garnishment proceedings are governed by the same rules as citations in general. Courts have rejected returns that fail to specify how a corporate garnishee was served and where the service occurred.

Forms for the form and Practical Procedure

In order to garnish a bank account or other debt owed by the judgment debtor, you must first confirm that there are sufficient funds to make the process worthwhile. If so, you can file an Application for Garnishment along with a supporting affidavit. This affidavit, signed by the judgment creditor’s attorney, will include information such as the original suit and judgment information, the garnishee’s name and address, and any available account names and numbers.

If you possess a judgment from Texas, Busby and Associates can possibly assist you in collecting it on a contingency basis. However, if the judgment debtor is situated in Texas, but the judgment is from another state, it will be evaluated on a case-by-case basis, and a retainer may be required. If the judgment debtor or judgment is located in Brewster County, Busby and Associates can help you garnish a bank account or financial institution.




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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.