Texas Writs of Garnishment to Collect Judgment Liens from Camp County, Texas
Busby & Associates is a highly respected law firm with extensive experience in defending, collecting, and enforcing judgments. We are skilled in garnishing bank accounts and financial institutions, but we also offer legal services for consumer bankruptcy, family law, and divorce matters. Our team can assist both obligors and obligees with child support lien collections and defense, and domesticating foreign child support liens in Camp County, Texas. If you’re a judgment creditor struggling to collect from a debtor in Camp County, Texas, reach out to us, and we’ll provide the skilled guidance you need to recover your judgment.
Texas Judgment liens in Camp County
Fixing a properly recorded and indexed judgment lien requires filing an abstract of judgment in each county where the judgment debtor owns nonexempt real property in Camp County. The lien continues for ten years from the date of recordation and indexing, provided that the judgment does not become 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 the creditor establishes a lien before the appeal, the lien remains valid in the event of 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
Abstracting a judgment in Texas requires following specific guidelines. Typically, 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 for small claims and justice courts, where the judgment creditor is not permitted to prepare their own abstract. Abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract your judgment lien in Camp County, Texas, visit the County Clerk’s office located at 126 Church St #102, Pittsburg, Texas 75686.
Creating a proper abstract of judgment in Texas requires specific details to be included. These details consist of 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 the judgment was rendered, the amount of the judgment and balance due, any child support arrearage, and the interest rate. The abstract must also contain the mailing address for each plaintiff or creditor, and it must be verified by the creditor’s attorney. A penalty filing fee will be imposed if the mailing address is not included. Declarations that are not verified are not allowed.
Recordation of Judgment Liens Abstract
Camp County is the designated location for recording the abstract of judgment if the debtor has real property in the county. The Camp County clerk receives the abstract and documents it in the county’s real property records, specifying the date and time of recording. Moreover, the clerk must enter 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.
Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act can be enforced like judgments filed in the original court. In Texas, the foreign judgment holder who wants to domesticate the judgment must adhere to the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property within Camp County, as recorded in the county, is bound by the judgment lien.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien endures for 10 years from the date of recording and indexing, except when the judgment becomes dormant, causing the lien to terminate. To keep the judgment lien active, two requirements must be met: (1) ensure the judgment’s validity and (2) obtain 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.
State or state agency judgments maintain their enforceability without becoming dormant. Furthermore, a validly filed abstract of judgment can create a lien that lasts for 20 years from the date of filing, and a renewed abstract of judgment can extend the lien for another 20 years.
3. Political Subdivisions.
Despite dormancy statutes causing political subdivisions’ judgments to go dormant, the political subdivision can revive the judgment at any time. This is because 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.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code specifies that judgments for child support are not subject to the dormancy statute and covers all such judgments, regardless of when they were made.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The property of the judgment debtor can be subject to execution by levy, unless it is exempted by the constitution, statute, or any other rule of law. In general, 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 like 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.
There are specific property categories that are immune from execution for families and single adults, which includes: a) the homestead; b) personal property of various categories specified by statute, with an aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult who is not a member of a family; c) current wages for personal service (excluding child support payments) and unpaid commissions for personal services, 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 sepulcher purposes; g) property that the judgment debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee identifies other property of the debtor that is sufficient to satisfy the execution; h) assets in the hands of the trustee of a spendthrift trust for the benefit of the judgment debtor; i) certain insurance benefits; j) specific savings plans, including retirement benefits and health savings plans; k) college savings plans; l) consigned artwork meeting specific qualifications.
WRITS OF GARNISHMENT.
To determine whether there are any funds or property owed by a third party to a judgment debtor, a judgment creditor may choose the post-judgment garnishment procedure. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, which requires the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
Garnishment can be utilized after a judgment, but only if certain criteria are met. Firstly, the creditor must have a valid and subsisting judgment against the debtor, with the judgment being 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. Lastly, the creditor must affirm that, to the best of their knowledge, the debtor does not possess sufficient property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s important to note that a post-judgment garnishment action is a distinct legal proceeding from the main case it aims to enforce. As an additional lawsuit, the third-party garnishee must be identified as the defendant. Furthermore, it should be filed in the same court that delivered the judgment for collection, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment writ must be served on the garnishee, and the judgment defendant need not be a party to the garnishment action. Nevertheless, it is important to serve the defendant with a copy of the writ, the application, accompanying affidavits, and court orders as soon as possible after serving the garnishee. The copy of the writ served to the defendant must include the contents of the writ in a prominent manner, using bold 12-point typeface. Failure to provide property notice to the judgment debtor will render any judgment, except for one dissolving the writ, void.
Banks as Garnishees for Writs of Garnishment
Banks should receive garnishment writs at the registered agent’s address provided in the financial institution’s registration statement, as per Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must designate an agent for process and adhere to state laws when submitting a registration application with the Secretary of State 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.
To meet the citation regulations, the officer executing a writ of garnishment must submit a return that satisfies the requirements. Tex. R. Civ. P. 663 emphasizes the importance of the judgment creditor examining the return before obtaining a garnishment judgment, especially in default cases. Returns in garnishment proceedings must adhere to the same rules as citations in general. Courts have held returns to be invalid for neglecting to indicate the manner and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
In order to garnish a bank account or other debt owed by the judgment debtor, it is essential to ensure that the funds involved make it worthwhile. If they do, an Application for Garnishment must be filed, supported by an affidavit signed by the judgment creditor’s attorney. The affidavit should include necessary information, such as the original suit and judgment details, the garnishee’s name and address for service, and any available account names and numbers.
If your judgment is from Texas, Busby and Associates might be able to help you collect it on a contingency basis. Judgments from other states with the judgment debtor in Texas are looked at on a case-by-case basis, and a retainer may be required. However, if the judgment debtor or judgment is in Camp County, Busby and Associates can help you garnish a bank account or financial institution to recover the judgment.