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

Busby & Associates is a legal firm that is skilled in defending, collecting, and enforcing judgments. Our primary area of focus is garnishment of bank accounts and financial institutions, but we also offer legal support for consumer bankruptcy, family law, and divorce. We provide assistance for both obligors and obligees with child support lien collections and defense, as well as domestication of foreign child support liens in Crosby County, Texas. Additionally, if you are a judgment creditor who is struggling to collect payment from a debtor in Crosby County, Texas, give us a call, and we will guide you through the legal process to help you recover your judgment.

Texas Judgment liens in Crosby County

Proper recording and indexing of an abstract of judgment in Crosby County creates a lien on all nonexempt real property owned by a judgment debtor. The abstract must be filed in every county where the debtor has property. The lien remains valid for ten years from the date of recordation and indexing, subject to the judgment not becoming dormant. A lien can only be established on final judgments, not interlocutory ones. However, if a judgment is being appealed or a supersedeas bond has been filed, an abstract of judgment can still be 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. To establish a lien through the abstract of a judgment from another state or foreign country, the judgment must first be domesticated in Texas before an abstract can be filed.

Texas Abstract of Judgment

To abstract a judgment in Texas, certain regulations must be followed. Usually, 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 allowed to prepare their own abstract. Keep in mind that abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract your judgment lien in Crosby County, Texas, you can visit the County Clerk’s office located at 201 W Aspen St #102, Crosbyton, Texas 79322.

Contents

To create a valid abstract of judgment in Texas, certain information must be included, such as 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. If the mailing address is missing, a penalty filing fee will be imposed. Declarations that are not verified are not permitted.

Recordation of Judgment Liens Abstract

If the debtor has real property in Crosby County, it is necessary to document the abstract of judgment in the same county. The Crosby County clerk receives the abstract and records it in the county’s real property records, noting the date and time of recording. Additionally, 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.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act provide that foreign judgments can be enforced similarly to local judgments. The foreign judgment holder must adhere to the lien requirements to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property in Crosby County, as registered in the county, is subject to the judgment lien.

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 enforceability of state or state agency judgments does not become dormant, and a valid abstract of judgment can create a lien that lasts for 20 years from the filing date. Moreover, the lien’s life can be extended for another 20 years by submitting a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments can become dormant under dormancy statutes, but the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Therefore, the political subdivision is not restricted by the statute of limitations and can revive the judgment even after the two-year dormancy period.

4.      Child Support Judgments.

Any judgments for child support are excluded from the dormancy statute by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code and this provision applies to all such judgments, irrespective of their date.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Execution can seize the judgment debtor’s property unless it is exempted by the constitution, statute, or any other legal rule. In most instances, 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 like stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any exempt property.

2.      Property Exempt from Execution.

In the event of an execution, certain categories of property are exempt from seizure, regardless of whether they belong to a family or a single adult. The first category of exempt property is the homestead. Secondly, personal property that falls under various categories specified by statute is also exempt, with a total fair market value of $100,000.00 for a family or $50,000.00 for a single adult not part of a family. Thirdly, current wages earned for personal services, except child support payments, and unpaid commissions for personal services are exempt, provided they do not exceed twenty-five percent (25%) of the $50/$100,000 aggregate limits. Fourthly, professionally prescribed health aids, worker’s compensation payments, and cemetery lots held for sepulcher purposes are also exempt. Furthermore, property that the judgment debtor has previously sold, mortgaged, or conveyed in trust is exempt if the purchaser, mortgagee, or trustee can point out other property belonging to the debtor that is sufficient to pay off the execution. Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor, certain insurance benefits, certain savings plans (including retirement benefits and health savings plans), college savings plans, and certain consigned artwork are also exempt from execution.

WRITS OF GARNISHMENT.

When a judgment creditor wishes to investigate any potential debts owed by a third party to the judgment debtor, they may opt for the post-judgment garnishment procedure. The creditor (garnishor) can then obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor instead of the debtor, if any debts are found.

Requirements to Issue

To employ garnishment after a judgment, certain prerequisites must be fulfilled. Firstly, the creditor must possess 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 prevent execution on the judgment. Finally, the creditor must affirm that, to the best of their knowledge, the debtor does not have sufficient property in Texas that can be executed to fulfill the judgment.

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.

When starting a garnishment action, the writ of garnishment must be served on the garnishee, and the judgment defendant is not considered a necessary party. Nevertheless, the defendant must receive 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 manner that is easily comprehensible for a reasonably attentive person. Failure to give the judgment debtor property notice renders any judgment, except for one dissolving the writ, void.

Banks as Garnishees for Writs of Garnishment

The address designated as the registered agent of the financial institution in its registration statement under Section 201.102 or 201.103 of the Finance Code must be used when delivering garnishment writs to garnishee banks. Out-of-state financial institutions must file an application for registration with the Secretary of State and comply 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 tasked with executing a writ of garnishment must file a return that satisfies the citation rules. Tex. R. Civ. P. 663 advises the judgment creditor to review the return before obtaining a garnishment judgment, especially in cases of default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have invalidated returns for not indicating the manner and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

If a bank account or other debt owed by the judgment debtor that can be garnished is located and it is deemed cost-effective to pursue, you must file an Application for Garnishment, supported by an affidavit signed by the judgment creditor’s attorney. The affidavit should include important details such as the original suit and judgment information, the garnishee’s name, officers for service, and address for service, as well as any available account names and numbers.

Looking to collect a judgment from Texas? Busby and Associates may be able to assist you on a contingency basis. For judgments from other states with the judgment debtor located in Texas, they evaluate on a case-by-case basis and may require a retainer. For judgments in Crosby County, they can help you garnish a bank account or financial institution to recover the judgment.