Texas Writs of Garnishment to Collect Judgment Liens from Briscoe County, Texas
At Busby & Associates, we are dedicated to defending, collecting, and enforcing judgments for our clients. Our primary focus is on garnishing bank accounts and financial institutions, but we also provide legal services for consumer bankruptcy, family law, and divorce matters. We can assist both obligors and obligees with child support lien collections and defense, and domesticating foreign child support liens in Briscoe County, Texas. If you’re a judgment creditor struggling to collect from a debtor in Briscoe County, Texas, give us a call, and we’ll help you navigate the process.
Texas Judgment liens in Briscoe County
Creating a properly fixed judgment lien involves recording and indexing an abstract of judgment, which acts as a lien on all nonexempt real property owned by the judgment debtor in Briscoe County. To fix the lien, the abstract of judgment must be filed in every county where the debtor has property. The lien remains valid for ten years from the date of recordation and indexing, subject to the judgment not becoming dormant. Only final judgments, not interlocutory ones, can form the basis of a lien. However, an abstract of judgment can still be filed if the judgment is being appealed or a supersedeas bond has been filed. If a creditor establishes a lien before the appeal, the lien remains valid in the event of affirmation. These rules only apply to Texas state trial court judgments, and for the enforcement of judgments from other states and foreign countries, the judgment must first be domesticated in Texas before an abstract can be filed.
Texas Abstract of Judgment
The state of Texas has different rules regarding the preparation of abstracts of judgment. The judge, justice of the peace, clerk of the court, judgment creditor, agent, attorney, or assignee can prepare the abstract for judgments rendered in all but small claims and justice courts. However, in small claims and justice courts, the judgment creditor is prohibited from preparing their own abstract. In addition, the certification of the clerk of the court is required for abstracts of federal court judgments. If you are looking to abstract your judgment lien in Briscoe County, Texas, you can do so at the County Clerk’s office located at 415 Main St, Silverton, Texas 79257.
Proper documentation of a judgment in Texas requires an abstract that includes certain information. This information includes the names of the plaintiff and defendant, the defendant’s birthdate (if known), the defendant’s driver’s license and social security numbers (if known), the suit number, the defendant’s address or citation information, the date the judgment was rendered, the amount of the judgment and balance due, any child support arrearage, and the interest rate. The abstract must also include the mailing address for each plaintiff or creditor, and it must be verified by the creditor’s attorney. Failing to include the mailing address will result in a penalty filing fee. Unverified declarations are not accepted.
Recordation of Judgment Liens Abstract
If the debtor has real property in Briscoe County, it is necessary to record the abstract of judgment in the same county. The Briscoe County clerk receives the abstract and documents it in the county’s real property records, indicating the date and time of recording. Moreover, the clerk must include the abstract in the alphabetical index to the real property records, which shows the names of the plaintiff and defendant and the page number where the abstract is recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act allow foreign judgments to be enforced in the same way as local judgments. If a foreign judgment holder wants to domesticate the judgment in Texas, they must meet the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Briscoe County, where it is recorded, is subject to the judgment lien.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
A judgment lien will persist for a decade from the date of recording and indexing, unless the judgment becomes dormant, in which case the lien will expire. To maintain an active judgment, two things are required: (1) keeping the judgment alive and (2) obtaining and recording a new abstract of judgment. A judgment becomes dormant if no writ of execution is issued within 10 years of its creation, but it can be reactivated through scire facias or a debt action within two years of dormancy.
2. State or State Agency Judgments.
When it comes to judgments made by the state or a state agency, they don’t go dormant. On the other hand, a lien can be established for 20 years from the date of filing a proper abstract of judgment. Additionally, the lien’s life can be renewed for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Although judgments of political subdivisions could become dormant due to dormancy statutes, they can be revived at any time. The revival statute, Civ. Prac. & Rem. Code § 31.006, states that the statute of limitations will not prevent the political subdivision from reviving the judgment, even beyond the two-year dormancy period.
4. Child Support Judgments.
The Civ. Prac. & Rem. Code’s § 34.001(c) makes an exception for judgments for child support from the dormancy statute and is applicable to all child support judgments, regardless of when they were made.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The property of the debtor subject to judgment can be taken by execution, provided it is not exempted by the constitution, statute, or any other rule of law. Typically, the following forms of property are not exempt: a. Cash held or in savings or checking accounts; b. Pleasure boats and their motors and trailers; c. Collections, such as stamps or coins; d. Investments like stocks, bonds, or notes; e. f. Airplanes. Exempt property is not available to corporations.
2. Property Exempt from Execution.
Regardless of whether it is a family or a single adult, property in the following categories is exempt from execution: a) the homestead; b) personal property of various categories specified by statute, with a total fair market value of up to $100,000.00 for a family or $50,000.00 for a single adult without family ties; c) current wages for personal service (excluding child support payments) and unpaid commissions for personal service, limited to 25% of the $50,000/$100,000 aggregate limit; d) professionally prescribed health aids; e) worker’s compensation payments; f) cemetery lots held for the purpose of burial; g) property sold, mortgaged, or conveyed in trust by the judgment debtor, provided that the purchaser, mortgagee, or trustee can identify other property of the debtor that will satisfy the judgment; h) assets in the hands of a trustee of a spendthrift trust for the benefit of the debtor; i) certain insurance benefits; j) specific savings plans, including retirement benefits and health savings plans; k) college savings plans; l) consigned artwork meeting particular requirements.
WRITS OF GARNISHMENT
A post-judgment garnishment procedure can be utilized by a judgment creditor to examine the relationship between a third party and the judgment debtor to determine if any funds or property are owed to the debtor. The creditor (garnishor) can then obtain a garnishment judgment, which directs the third party (garnishee) to pay the garnishor instead of the debtor.
Requirements to Issue
Garnishment may be available after a judgment, provided certain conditions are met. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, and the judgment is considered final and subsisting from the date of rendition. Secondly, the debtor must not have filed an approved supersedeas bond to stay execution on the judgment. Lastly, the creditor must swear that, as far as they are aware, the debtor does not own enough property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
A post-judgment garnishment action is not part of the primary case that it aims to enforce. Since it is a supplementary lawsuit, the third-party garnishee must be named as the defendant. It should be filed in the same court that issued the judgment to be collected, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment should be served to the garnishee, and the judgment defendant need not be a party to the garnishment action. However, it is important to provide the defendant with a copy of the writ, affidavits, court orders, and application as soon as possible after serving the garnishee. The copy of the writ given to the defendant must contain the contents of the writ in a conspicuous manner, using bold 12-point typeface. Failure to give the debtor property notice will result in any judgment, except for one that dissolves the writ, being rendered invalid.
Banks as Garnishees for Writs of Garnishment
The address of the registered agent listed in the financial institution’s registration statement is the designated location for serving garnishment writs on banks, in accordance with Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with state laws by designating an agent for process while filing a registration application with the Secretary of State under Section 201.102. Texas financial institutions can appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
As with other citations, a return must be submitted by the officer who executes a writ of garnishment, in accordance with the rules. Under Tex. R. Civ. P. 663, it is important for the judgment creditor to examine the return before seeking a garnishment judgment, especially in cases where a default judgment is at issue. Returns in garnishment proceedings are subject to the same rules as other citations. Failing to indicate the method and location of service on a corporate garnishee, or failing to provide a location, have both resulted in returns being considered fatally flawed by the courts.
Forms for the form and Practical Procedure
After finding a bank account or other debt owed by the judgment debtor that can be garnished and determining that it is worth pursuing, you can file an Application for Garnishment. The application should include a supporting affidavit signed by the judgment creditor’s attorney, which should provide necessary information such as the original suit and judgment details, the garnishee’s name and officers for service, and any available account names and numbers.
Busby and Associates have the potential to aid you in collecting your judgment on a contingency basis if it’s from Texas. For judgments from other states with the judgment debtor in Texas, they will analyze it on a case-by-case basis, and there may be a requirement for a retainer. If the judgment debtor or judgment is located in Briscoe County, Busby and Associates can help you seize a bank account or financial institution.