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

At Busby & Associates, we are committed to helping our clients defend, collect, and enforce judgments. Our focus is on garnishing bank accounts and financial institutions, but we also offer 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 Coke County, Texas. If you’re a judgment creditor who is struggling to recover your judgment, contact us, and we’ll work with you to develop a strategy to achieve your goals.

Texas Judgment liens in Coke County

By properly recording and indexing an abstract of judgment, a judgment creditor can place a lien on all nonexempt real property owned by the judgment debtor in Coke County. The abstract must be filed in every county where the debtor has property to establish the lien. 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 the creditor establishes a lien before the appeal, the lien remains valid even if the judgment is affirmed. These rules apply exclusively to Texas state trial court judgments. For 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 certain rules. In general, 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, with the exception of small claims and justice courts where the judgment creditor is not allowed to prepare their own abstract. It should be noted that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Coke County, Texas, you can go to the County Clerk’s office located at 13 E 7th St, Robert Lee, Texas 76945.

Contents

An abstract of judgment prepared in Texas must include specific information to be considered valid. 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 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 judgment creditor and be verified by the creditor’s attorney. Failure to include the mailing address will result in a penalty filing fee. Unsworn declarations are not acceptable.

Recordation of Judgment Liens Abstract

Coke County is the appropriate location for recording the abstract of judgment if the debtor has real property in the county. The Coke County clerk receives the abstract and documents it in the county’s real property records, noting the date and time of recording. Furthermore, 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.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act enable foreign judgments to be enforced in a similar fashion to local judgments. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant in Coke County is subject to the judgment lien recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

When an abstract is recorded and indexed, the judgment lien continues for a period of 10 years, except if the judgment becomes dormant, the lien ceases to exist. Thus, to maintain the judgment lien, two actions must be taken: (1) keep the judgment active and (2) obtain and record a new abstract of judgment. If no writ of execution is issued within 10 years of judgment creation, it becomes dormant. However, it can be revived through scire facias or a debt action brought within two years of dormancy.

2.      State or State Agency Judgments.

The state’s or its agency’s verdicts do not lapse, and a duly filed abstract of judgment produces a lien that lasts for two decades from the date of submission. By filing a new abstract of judgment, the lien can be extended for another 20-year period.

3.      Political Subdivisions.

Even though dormancy statutes can cause political subdivisions’ judgments to become dormant, the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Hence, the statute of limitations will not bar the political subdivision from reviving the judgment, even after the two-year dormancy period.

4.      Child Support Judgments.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code provides an exception for child support judgments from the dormancy statute, and this applies to all such judgments, regardless of when they were granted.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by the constitution, statute, or any other rule of law, the property of the debtor facing judgment is subject to levy by execution. Typically, the following categories of property are not exempt: a. Cash on hand 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.

The following property categories are exempt from execution, whether the debtor is a family or a single adult: a) the homestead; b) personal property of various categories specified by statute, up to an aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult without family connections; c) current wages for personal service (excluding child support payments) and unpaid commissions for personal services, not exceeding 25% of the $50,000/$100,000 aggregate limitations; d) professionally prescribed health aids; e) worker’s compensation payments; f) cemetery lots held for sepulcher purposes; g) property sold, mortgaged, or conveyed in trust by the judgment debtor, if the purchaser, mortgagee, or trustee can identify other property of the debtor 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 that satisfies the applicable requirements.

WRITS OF GARNISHMENT.

In the garnishment action, the garnishee must receive the writ of garnishment, and the judgment defendant’s involvement is optional. However, the defendant must be served with a copy of the writ, application, affidavits, and court orders as soon as possible after serving the garnishee. The copy of the writ served on the defendant must contain the contents of the writ in a clear and readable manner, using bold 12-point typeface, and in a manner that would be understood by a reasonably attentive person. Failure to give the judgment debtor notice of property renders any judgment, except one dissolving the writ, null and void.

Requirements to Issue

In adherence to Section 201.102 or 201.103 of the Finance Code, banks must be served with garnishment writs at the address stated as the registered agent’s location in their financial institution registration statement. Out-of-state financial institutions must designate an agent for process and comply with 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.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action is a distinct legal proceeding from the main case it seeks to enforce. As an additional lawsuit, the third-party garnishee should be named as the defendant. Furthermore, 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.

To initiate a garnishment action, the garnishee must be served with the writ of garnishment, and the judgment defendant is not an essential party to the garnishment action. However, the defendant must be served with a copy of the writ, application, affidavits, and court orders as soon as practical after serving the garnishee. The copy of the writ served on the defendant must contain the contents of the writ in bold 12-point typeface and in a manner that is easily understandable to a reasonably attentive person. Failure to give the judgment debtor property notice renders any judgment, other than one dissolving the writ, void.

Banks as Garnishees for Writs of Garnishment

In accordance with Section 201.102 or 201.103 of the Finance Code, garnishment writs served on banks must be delivered to the address designated as the registered agent’s location in the financial institution registration statement. Out-of-state financial institutions must file a registration application with the Secretary of State by complying with the state’s foreign corporation laws, including designating an agent for process 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.

The officer responsible for executing a writ of garnishment must file a return that conforms to the citation rules. According to Tex. R. Civ. P. 663, the judgment creditor must review the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the same regulations as citations in general. Courts have invalidated returns that do not indicate the method and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

If you locate a bank account or other debt that can be garnished and determine that it is financially viable, you must file an Application for Garnishment, along with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include crucial 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 could assist you in collecting your judgment on a contingency basis if it’s from Texas. But for judgments from other states with the judgment debtor in Texas, they will review it on a case-by-case basis, and there may be a need for a retainer. If the judgment debtor and/or judgment is in Coke County, Busby and Associates can help you garnish a bank account or financial institution to recover the judgment.