Texas Writs of Garnishment to Collect Judgment Liens from Dallam County, Texas
Busby & Associates is a legal firm that is skilled in providing defense, collection, and enforcement services for judgments. Our main area of focus is garnishment of bank accounts and financial institutions, but we also offer legal support for matters related to consumer bankruptcy, family law, and divorce. Additionally, we can assist with collections and defense under child support liens for both obligors and obligees, as well as domestication of foreign child support liens in Dallam County, Texas. If you are a judgment creditor struggling to recover a judgment from a debtor in Dallam County, Texas, give us a call, and we will assist you in navigating the legal process and help you get the payment you deserve.
Texas Judgment liens in Dallam County
When an abstract of judgment is properly recorded and indexed, it creates a lien on all nonexempt real property owned by a judgment debtor in Dallam County. The abstract must be filed in every county where the debtor owns property. The lien remains valid for ten years from the date of recordation and indexing unless the judgment becomes dormant. Only final judgments, not interlocutory ones, can be the basis for a lien. 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
Texas has established regulations for abstracting a judgment, which must be followed precisely. Usually, the abstract of judgment can be prepared by the judge, justice of the peace, clerk of the court, judgment creditor, agent, attorney, or assignee 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. It is important to note that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Dallam County, Texas, you can visit the County Clerk’s office located 414 Denver Ave # 201, Dalhart, Texas 79022.
When creating an abstract of judgment in Texas, certain information must be included to ensure its legal validity. This information includes the names of the plaintiff and defendant, the defendant’s birthdate (if available to the clerk of justice), 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 accepted.
Recordation of Judgment Liens Abstract
To record the abstract of judgment properly, it must be done in Dallam County if the debtor owns real property there. The Dallam 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, showing 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 enable foreign judgments to be enforced in the same way as local judgments. In Texas, the foreign judgment holder must satisfy the lien requirements when domesticating the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien attaches to all of the defendant’s nonexempt real property in the county of recordation.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The validity of a judgment lien lasts for 10 years following the date of recording and indexing an abstract, unless the judgment becomes dormant, which terminates the lien. Therefore, it is necessary to keep the judgment active and obtain and record a new abstract of judgment to maintain the lien. If a writ of execution is not issued within 10 years of the judgment’s creation, it becomes dormant, but it can be revived through scire facias or a debt action filed within two years of dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become dormant and maintain their enforceability. Moreover, a properly filed abstract of judgment can establish a lien that lasts for 20 years from the date of filing, and a renewed abstract of judgment can extend the lien’s life for another 20 years.
3. Political Subdivisions.
Although judgments of political subdivisions can become dormant due to dormancy statutes, the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Hence, the political subdivision can revive the judgment even beyond the two-year dormancy period, and the statute of limitations will not bar it.
4. Child Support Judgments.
All child support judgments are covered by the exception to the dormancy statute under Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code, irrespective 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 legal rule, the execution can seize the property of the judgment debtor. 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. There is no exempt property for corporations.
2. Property Exempt from Execution.
Certain property categories are not subject to execution, regardless of whether the debtor is a family or a single adult. These categories include: 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 specific legal requirements established by law.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal remedy that enables a judgment creditor to scrutinize the financial ties between a third party and the judgment debtor to determine if there are any debts owed to the debtor. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
After obtaining a judgment, garnishment can only be employed if certain prerequisites are fulfilled. Firstly, the creditor must have a valid and subsisting judgment against the debtor, with the judgment being considered final and subsisting from the date of rendition. Secondly, the debtor cannot have filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor must attest that, to 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
It is crucial to understand that a post-judgment garnishment action is a distinct legal suit from the main case it is intended to enforce. As an ancillary lawsuit, the third-party garnishee should be named as the defendant. It must be filed in the same court that rendered the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action is initiated by serving the writ of garnishment on the garnishee, and the judgment defendant is not required to participate. However, 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 contain the contents of the writ in bold 12-point typeface and in a manner that is easily understandable by a reasonably attentive person. If the judgment debtor does not receive property notice, any judgment, except for one that dissolves the writ, becomes null and void.
Banks as Garnishees for Writs of Garnishment
When delivering garnishment writs to garnishee banks, it is necessary to use the designated address of the registered agent in the financial institution registration statement under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with the state’s foreign corporation laws, including appointing an agent for process under Section 201.102, by filing a registration application with the Secretary of State. Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The officer who enforces a writ of garnishment must file a return that satisfies the citation rules. Tex. R. Civ. P. 663 mandates that the judgment creditor should review the return before seeking a garnishment judgment, particularly in cases where the judgment is defaulted. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have invalidated returns that do not show the method and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once a bank account or other debt owed by the judgment debtor that can be garnished is located and it is determined that it is cost-effective to pursue, you must file an Application for Garnishment, along with an affidavit signed by the judgment creditor’s attorney. The affidavit should include relevant 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.
Busby and Associates may be able to assist you in collecting your Texas judgment 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 Dallam County, they can help you garnish a bank account or financial institution to recover the judgment amount.