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

As a law firm, Busby & Associates is committed to defending, collecting, and enforcing judgments. Although we are skilled in garnishing bank accounts and financial institutions, we also offer our services to individuals seeking help with consumer bankruptcy, family law, and divorce matters. Our team can also assist both obligors and obligees in child support lien collections and defense, and domesticating foreign child support liens in Callahan County, Texas. Furthermore, if you’re a judgment creditor unable to collect from a debtor living in Callahan County, reach out to us, and we’ll provide guidance and support.

Texas Judgment liens in Callahan County

Properly recording and indexing an abstract of judgment creates a lien on all nonexempt real property of the judgment debtor in Callahan County. To establish the lien, the abstract of judgment must be filed in every county where the debtor has property. The lien is effective for ten years from the date of recordation and indexing, subject to the judgment not becoming dormant. The judgment on which the lien is based must be final and not interlocutory. However, an abstract of judgment can be filed even if the judgment is being appealed or a supersedeas bond has been filed. If the creditor establishes a lien before the appeal, the lien remains valid in the event of an affirmation. These rules apply only 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

In Texas, the preparation of abstracts of judgment can be a bit confusing. 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, where 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’re looking to abstract your judgment lien in Callahan County, Texas, you can do so at the County Clerk’s office located at 00 W 4th St #300, Baird, Texas 79504.

Contents

When creating an abstract of judgment in Texas, certain information must be included. This information consists of 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 of the judgment, 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. Failure to include the mailing address will result in a penalty filing fee. Unverified declarations are not accepted.

Recordation of Judgment Liens Abstract

Callahan County is where the abstract of judgment must be recorded if the debtor has real property there. The Callahan County clerk receives the abstract and documents it in the county’s real property records, specifying the date and time of recording. Furthermore, the clerk must include the abstract in the alphabetical index to the real property records, displaying the names of the plaintiff and defendant and the page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act can be enforced in the same manner as local judgments. The foreign judgment holder who seeks to domesticate the judgment in Texas should adhere to the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property located in Callahan County, the county of recordation, is attached by the judgment lien.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

A judgment lien will endure for a period of 10 years from the date of recording and indexing, unless the judgment becomes dormant, in which case the lien will come to an end. To maintain an active judgment, two conditions must be met: (1) keep the judgment valid and (2) acquire and record 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 revived through scire facias or a debt action within two years of dormancy.

2.      State or State Agency Judgments.

Judgments by the state or its agencies remain active and enforceable without becoming dormant. Furthermore, a properly filed abstract of judgment can create a lien for 20 years from the filing date, and it can be extended for another 20-year period by submitting a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments might go dormant under dormancy statutes. Nevertheless, Civ. Prac. & Rem. Code § 31.006, the revival statute, indicates that the political subdivision cannot be barred by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.

4.      Child Support Judgments.

All child support judgments are exempted from the dormancy statute by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code, and this provision applies to any child support judgments, regardless of when they were rendered.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Execution can seize the property of the debtor subject to judgment, provided that it is not exempted by the constitution, statute, or any other rule of law. Generally, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections such as stamps or coins; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. There is no exempt property for corporations.

2.      Property Exempt from Execution.

Exemption from execution applies to property in the following categories, whether owned by a family or a single adult: a) the homestead; b) personal property of various categories defined by statute, up to a total of $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, up to 25% of the $50,000/$100,000 aggregate limit; d) health aids prescribed by a professional; e) payments made under worker’s compensation claims; f) cemetery lots held for the purpose of interring human remains; g) property sold, mortgaged or conveyed into trust by the judgment debtor, where the purchaser, mortgagee or trustee can identify other property that will satisfy the judgment; h) assets held by a trustee in a spendthrift trust for the benefit of the debtor; i) certain insurance benefits; j) specific savings plans, such as retirement benefits and health savings plans; k) college savings plans; l) consigned artwork that satisfies certain conditions.

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 after a judgment is only possible if certain conditions are satisfied. Firstly, the creditor must have a valid and subsisting judgment against the debtor, with the judgment being considered final and subsisting from the date of rendition. Secondly, the debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. Finally, the creditor must affirm that, to the best of their knowledge, the debtor does not own sufficient property in Texas that can be executed to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action is a separate legal proceeding from the main case it aims to enforce. Since it is ancillary to the primary lawsuit, the third-party garnishee should be identified as the defendant. Additionally, it must be filed in the same court that rendered the judgment for collection, but with a different cause number.

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

The garnishment writ should be served to the garnishee, while the judgment defendant is not a required participant. Still, the defendant must receive a copy of the writ, accompanying affidavits, orders of the court, and application after the garnishee has been served. Additionally, the writ served to the defendant should have the contents of the writ written in bold 12-point typeface, and it should be clear and informative. Failure to give property notice to the debtor may result in the court rendering the judgment null and void.

Banks as Garnishees for Writs of Garnishment

Banks must be served with garnishment writs at the registered agent’s address specified in the financial institution’s registration statement, in accordance with 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 follow state laws under Section 201.102. Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

To comply with the citation regulations, the officer who executes a writ of garnishment must submit a return. As per Tex. R. Civ. P. 663, the judgment creditor should scrutinize the return before obtaining a garnishment judgment, particularly in cases where it is defaulted. Returns in garnishment proceedings must adhere to the same rules as citations generally. Courts have held returns to be invalid for neglecting to indicate the manner of service on a corporate garnishee and the place of service.

Forms for the form and Practical Procedure

When you come across a bank account or other debt that can be subjected to garnishment and decide that the funds involved make it worthwhile, you can file an Application for Garnishment. This application requires a supporting affidavit, signed by the judgment creditor’s attorney and containing information about the original suit and judgment, the garnishee’s name and address, and any available account names and numbers.

Collecting your judgment on a contingency basis is something Busby and Associates might be able to assist you with if it’s from Texas. In cases where the judgment debtor is in Texas but the judgment is from another state, they will look at it on a case-by-case basis, and there may be a need for a retainer. If the judgment debtor and/or judgment is located in Callahan County, Busby and Associates can help you garnish a bank account or financial institution.