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Collin County, McKinney, Texas

Collin County

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


At Busby & Associates, we are skilled in providing legal services for defending, collecting, and enforcing judgments. Our main focus is on garnishing bank accounts and financial institutions, but we also offer legal assistance for consumer bankruptcy, family law, and divorce matters. We can help both obligors and obligees with child support lien collections and defense, and domesticating foreign child support liens in Collin County, Texas. If you’re a judgment creditor who needs help collecting from a debtor in Collin County, Texas, contact us, and we’ll work with you to develop a strategy to recover your judgment.


Texas Judgment liens in Collin County

If a judgment creditor wants to create a lien on all nonexempt real property owned by the judgment debtor in Collin County, they must record and index an abstract of judgment properly. 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, as long as 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 even if the judgment is affirmed. These rules apply only 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

When it comes to abstracting a judgment in Texas, there are specific guidelines to follow. 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, with the exception of small claims and justice courts where the judgment creditor is not allowed to prepare their own abstract. It is worth noting that abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract your judgment lien in Collin County, Texas, you can do so by visiting the County Clerk’s office located at 2300 Bloomdale Rd. Ste 2106 McKinney, Texas 75071.



Certain details must be included in a Texas abstract of judgment to make it valid. These details are 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 include 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 permitted.


Recordation of Judgment Liens Abstract

If the debtor possesses real property in Collin County, it is essential to document the abstract of judgment in the same county. The Collin 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 include the abstract in the alphabetical index to the real property records, showing the names of the plaintiff and defendant and 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, foreign judgments can be enforced in the same manner as judgments filed in the court of origin. The foreign judgment holder must satisfy the lien requirements to domesticate the judgment in Texas.


Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien applies to all nonexempt real property owned by the defendant and located in Collin County, as recorded in the county.


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, unless the judgment becomes dormant, which will cause the lien to cease. To keep the judgment lien active, two requirements must be met: (1) maintain the validity of the judgment 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.

Judgments passed by the state or its authorized bodies never go dormant. When an abstract of judgment is lawfully filed, a lien is created for 20 years starting from the date of the filing. Renewal of the lien for an additional period of twenty years is possible by filing a new abstract of judgment.


3.      Political Subdivisions.

While judgments of political subdivisions may become dormant under dormancy statutes, the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Thus, the political subdivision is not bound by the statute of limitations, and can revive the judgment even beyond the two-year dormancy period.


4.      Child Support Judgments.

The exclusion of child support judgments from the dormancy statute is a provision in Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code that covers all such judgments, regardless of when they were issued.


Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Execution can be used to seize the property of the judgment debtor, unless it is exempted by the constitution, statute, or any other rule of law. Typically, the following categories of property are not exempt: a. Cash on hand or held 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. There is no exempt property for corporations.


2.      Property Exempt from Execution.

Irrespective of whether the debtor is a family or a single adult, the following categories of property are exempt from execution: 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 criteria established by the law.


The writ of garnishment must be served on the garnishee, and the participation of the judgment defendant in the garnishment action is not necessary. Nevertheless, the defendant must be provided with a copy of the writ, application, accompanying affidavits, and court orders promptly after serving the garnishee. The copy of the writ served to the defendant must prominently display the contents of the writ, using bold 12-point typeface, and in a manner that would be understood by a reasonably attentive person. Failure to provide the judgment debtor with property notice will result in any judgment, except one dissolving the writ, being voided.


Requirements to Issue

The location designated as the registered agent’s address in the financial institution’s registration statement is the required delivery point for garnishment writs to banks, as mandated by Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must appoint an agent for process and follow 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 filing a statement with the Secretary of State under Section 201.103.


Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action is an independent legal suit from the main case it is meant to enforce. As an ancillary lawsuit, the third-party garnishee should be named as the defendant. It should be filed in the same court that delivered the judgment to be collected, but under a different cause number.


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

In a garnishment action, the garnishee must be served with the writ of garnishment, and the participation of the judgment defendant is not required. However, the defendant must be served with a copy of the writ, application, affidavits, and court orders as soon as practical after the garnishee has been served. The copy of the writ served on the defendant must contain the contents of the writ in bold 12-point typeface and in a way that is clear and easily understandable to a reasonably attentive person. Failure to provide the judgment debtor with notice of property will render any judgment, except one that dissolves the writ, null and void.


Banks as Garnishees for Writs of Garnishment

To deliver garnishment writs to banks, the address mentioned as the registered agent’s location in the financial institution registration statement must be used under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must submit a registration application to the Secretary of State by following the state’s foreign corporation laws, including appointing 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 who executes a writ of garnishment is required to file a return that satisfies the citation rules. Tex. R. Civ. P. 663 stresses the importance of the judgment creditor examining the return before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as citations in general. Courts have rejected returns that do not show the manner and location of service on a corporate garnishee.


Forms for the form and Practical Procedure

When you locate a bank account or other debt owed by the judgment debtor that can be garnished and decide that it is worth pursuing, you must file an Application for Garnishment, accompanied by a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include pertinent information such as the original suit and judgment details, the garnishee’s name and address for service, and any available account names and numbers.

Busby and Associates can potentially help you collect 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 assess it on a case-by-case basis, and a retainer may be necessary. In the case of a judgment debtor and/or judgment in Collin County, Busby and Associates can support you in garnishing a bank account or financial institution to recover the judgment amount.



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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.