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

Busby & Associates is a law firm that provides 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, and domesticating foreign child support liens in Delta County, Texas. If you’re a judgment creditor who is facing difficulties collecting a judgment from a debtor in Delta County, Texas, get in touch with us, and we’ll work with you to develop a strategy that meets your unique needs.

Texas Judgment liens in Delta County

If you properly record and index an abstract of judgment in Delta County, you can create 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, even if a judgment is being appealed or a supersedeas bond has been filed, an abstract of judgment can still be filed. If the 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

Abstracting a judgment in Texas involves following specific regulations. 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 important to remember that abstracts of federal court judgments require certification from the clerk of the court. If you need to abstract your judgment lien in Delta County, Texas, you can go to the County Clerk’s office located at 200 W Dallas Ave, Cooper, Texas 75432.

Contents

In Texas, an abstract of judgment must meet specific requirements to be considered valid. This includes including 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 allowed.

Recordation of Judgment Liens Abstract

When a debtor has real property in Delta County, it is essential to document the abstract of judgment in the same county. The Delta County clerk receives the abstract and records it in the county’s real property records, mentioning the date and time of recording. Moreover, the clerk must include 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 allow foreign judgments to be enforced in the same manner as judgments filed in the originating court. The foreign judgment holder must meet the lien requirements to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property within Delta County, as registered in the county, is affected by the judgment lien.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The duration of a judgment lien is 10 years from the date of recording and indexing an abstract, unless the judgment becomes dormant, resulting in the termination of the lien. Therefore, it is crucial 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.

Dormancy is not applicable to state or state agency judgments, which means they remain enforceable. A properly filed abstract of judgment can establish a lien that lasts for 20 years from the filing date, and a renewed abstract of judgment can renew the lien for another 20 years.

3.      Political Subdivisions.

Political subdivisions’ judgments may 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. This means that 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) to § 34.001 of the Civ. Prac. & Rem. Code makes an exception for child support judgments from the dormancy statute and applies to all such judgments, whether recent or old.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The property of the judgment debtor can be seized by execution unless it is protected by the constitution, statute, or any other legal exemption. In most cases, the following categories 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 (stamps, coins, etc.); d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not have any exempt property.

2.      Property Exempt from Execution.

Execution cannot be carried out on certain categories of property, 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 legal requirements.

WRITS OF GARNISHMENT.

If a judgment creditor suspects that a third party owes any funds or property to the judgment debtor, they may use the post-judgment garnishment procedure to investigate the matter. If any debts are found, 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

Following a judgment, garnishment may be used, but only if certain requirements are met. 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 halt execution on the judgment. Lastly, the creditor must swear that, to their knowledge, the debtor does not have sufficient property in Texas that can be executed to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action is a distinct legal proceeding from the main case it aims to enforce. The third-party garnishee must be named as the defendant, as it is a supplemental lawsuit. Moreover, it should be filed in the same court that issued the judgment for recovery, but with a different cause number.

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

To start a garnishment action, the writ of garnishment must be served on the garnishee, and the participation of the judgment defendant is not necessary. 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 include the contents of the writ in bold 12-point typeface and in a manner that is easily comprehensible for a reasonably attentive person. If the judgment debtor does not receive property notice, any judgment, except for one that dissolves the writ, is void.

Banks as Garnishees for Writs of Garnishment

To deliver garnishment writs to garnishee banks, the designated address of the registered agent in the financial institution registration statement under Section 201.102 or 201.103 of the Finance Code is required. 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.

Officer’s Return.

The officer responsible for enforcing a writ of garnishment must file a return that meets the citation rules. As per Tex. R. Civ. P. 663, the judgment creditor must examine the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have held returns to be invalid if they do not specify the manner and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

To garnish a bank account or other debt owed by the judgment debtor, you must first locate the account and determine that it is financially viable to pursue. If so, an Application for Garnishment must be filed, accompanied by an affidavit signed by the judgment creditor’s attorney. The affidavit should include relevant 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 can potentially help you collect a Texas judgment on a contingency basis. However, 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 Delta County, they can assist you in garnishing a bank account or financial institution to recover the judgment amount.