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

At Busby & Associates, we provide legal services for defending, collecting, and enforcing judgments. Our primary 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, as well as domesticating foreign child support liens in Concho County, Texas. If you’re a judgment creditor who is having trouble collecting from a debtor in Concho County, Texas, give us a call and we’ll guide you through the process of recovering your judgment.

Texas Judgment liens in Concho County

Through the proper recording and indexing of an abstract of judgment, a lien can be placed on all nonexempt real property owned by a judgment debtor in Concho County. The abstract must be filed in every county where the debtor has property to establish the lien. The lien remains in effect 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, it remains valid even if the judgment is affirmed. These rules only apply 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

The process of abstracting a judgment in Texas is subject to certain regulations. 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. It should be noted that abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract your judgment lien in Concho County, Texas, you can do so at the County Clerk’s office located at 152 N Roberts Ave, Paint Rock, Texas 76866.

Contents

A Texas abstract of judgment must contain specific details to be considered valid. These details are the names of the plaintiff and defendant, the defendant’s birthdate (if known), 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. A penalty filing fee will be imposed if the mailing address is not included. Unsworn declarations are not acceptable.

Recordation of Judgment Liens Abstract

Recording the abstract of judgment in Concho County is necessary if the debtor has real property in the same county. The Concho 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 enter the abstract in the alphabetical index to the real property records, displaying the names of both 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 permit foreign judgments to be enforced just like local judgments. 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 defendant’s nonexempt real property recorded in Concho County is subject to the judgment lien covering all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains in effect for 10 years after the recording and indexing of an abstract, except if the judgment becomes dormant, in which case the lien ends. To keep the judgment lien active, two actions are required: (1) keep the judgment alive 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, but 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 decisions do not become dormant, and a valid abstract of judgment creates a lien that lasts for 20 years from the date of filing. The lien’s validity can be extended for an additional 20-year period by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may cause political subdivisions’ judgments to become dormant, but the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Therefore, the statute of limitations will not prevent the political subdivision from reviving the judgment beyond the two-year dormancy period.

4.      Child Support Judgments.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code exempts judgments for child support from the dormancy statute and covers all such judgments, irrespective of when they were made.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless protected by the constitution, statute, or any other legal exemption, the property of the debtor facing judgment can be seized by execution. 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 like stamps or coins; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempt property.

2.      Property Exempt from Execution.

Certain types of property are exempt from execution, whether the debtor is a family or a single adult, including: 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 meets the criteria set forth by the law.

WRITS OF GARNISHMENT.

In a garnishment action, the garnishee must be served with the writ of garnishment, and the judgment defendant’s participation is not a requisite. However, the defendant must be given a copy of the writ, application, affidavits, and court orders as soon as possible after serving the garnishee. The copy of the writ served to the defendant must contain the contents of the writ in bold 12-point typeface and in a manner that can be easily understood by a reasonably attentive person. Failure to provide the judgment debtor with notice of property will invalidate any judgment, except one that dissolves the writ.

Requirements to Issue

To deliver garnishment writs to banks, the address specified as the registered agent’s location in their financial institution registration statement must be used in line with Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must appoint an agent for process and abide by 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

When pursuing post-judgment garnishment, it is essential to note that it is a separate legal action from the main case it intends to enforce. As an additional lawsuit, the third-party garnishee should be identified as the defendant. It must be filed in the same court that rendered 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 must be served on the garnishee in a garnishment action, and the participation of the judgment defendant is not mandatory. However, the defendant must be given 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 include the contents of the writ in bold 12-point typeface and in a way that is understandable to a reasonably attentive person. Failing to provide notice of property to the judgment debtor invalidates any judgment, except one that dissolves the writ.

Banks as Garnishees for Writs of Garnishment

Garnishment writs served on banks must be delivered to the address designated as the registered agent’s location in the financial institution registration statement under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must file a registration application with the Secretary of State, following the state’s foreign corporation laws, which involves 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.

Filing a return that complies with the citation rules is essential for the officer executing a writ of garnishment. According to Tex. R. Civ. P. 663, the judgment creditor should inspect the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the same rules as citations in general. Courts have invalidated returns that do not indicate how a corporate garnishee was served and where the service took place.

Forms for the form and Practical Procedure

If you locate a bank account or other debt owed by the judgment debtor that can be garnished and it is financially viable to do so, you must file an Application for Garnishment, along with an affidavit signed by the judgment creditor’s attorney. The affidavit should include important 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 can potentially help you collect it on a contingency basis. But for judgments from other states with the judgment debtor in Texas, they will look at it on a case-by-case basis, and a retainer may be required. If the judgment debtor and/or judgment is in Concho County, Busby and Associates can support you in garnishing a bank account or financial institution to recover the judgment amount.