Texas Writs of Garnishment to Collect Judgment Liens from Donley 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 consumer bankruptcy, family law, and divorce. We can assist both obligors and obligees with child support lien collections and defense, as well as domestication of foreign child support liens in Donley County, Texas. If you are a judgment creditor who is struggling to collect a judgment from a debtor in Donley County, Texas, give us a call, and we will provide you with the legal guidance and support you need to recover your judgment.
Texas Judgment liens in Donley County
When a judgment debtor has nonexempt real property in Donley County, a properly recorded and indexed abstract of judgment can act as a lien on all such property. The abstract must be filed in each county where the debtor has property. The lien continues for ten years from the date of recordation and indexing unless the judgment becomes dormant. A lien can only be established based on a final judgment, not an interlocutory one. However, even 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 regulations only apply to Texas state trial court judgments. To establish a lien using 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 is subject to specific regulations that must be followed. Generally, the abstract 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 should be noted that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Donley County, Texas, you can visit the County Clerk’s office located at 220 W 4th St, Clarendon, Texas 79226.
In Texas, an abstract of judgment must adhere to specific guidelines to be considered valid, 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 may result in a penalty filing fee. Unverified declarations are not accepted.
Recordation of Judgment Liens Abstract
To guarantee that a judgment is enforceable, the abstract should be recorded in Donley County where the debtor owns real property. The Donley County clerk receives the abstract and documents it in the county’s real property records, indicating 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 similarly to local judgments. In Texas, the foreign judgment holder must comply with the lien requirements when domesticating the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
Donley County is the jurisdiction where the judgment lien attaches to all nonexempt real property owned by the defendant, recorded in the county.
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, which ends the lien. To maintain the judgment lien, it is essential to keep the judgment active and 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 filed 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 date of filing. Furthermore, by submitting a renewed abstract of judgment, the lien’s life can be extended for another 20 years.
3. Political Subdivisions.
Judgments of political subdivisions may go 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. Thus, the political subdivision is not precluded by the statute of limitations from reviving the judgment beyond the two-year dormancy period.
4. Child Support Judgments.
All child support judgments are covered by the exception to the dormancy statute provided by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code, irrespective of their date of issuance.
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 take possession of the property of the judgment debtor. 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 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.
The law provides protection for certain property categories from 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 satisfies the legal requirements established by law.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure is a legal process available to a judgment creditor to scrutinize the relationship between a third party and the judgment debtor to establish if any funds or property are owed to the debtor. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
Garnishment is an option after obtaining a judgment, but only if certain conditions are met. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, with the judgment being considered 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 state that, to their knowledge, the judgment debtor does not have sufficient property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that when filing for post-judgment garnishment, it is a separate legal action from the main case it intends to enforce. The third-party garnishee should be named as the defendant, as it is an ancillary lawsuit. It should be filed in the same court that issued the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
When starting a garnishment action, the writ of garnishment should be served on the garnishee, and the judgment defendant’s involvement is not compulsory. 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 include the contents of the writ in bold 12-point typeface and in a manner that is easily understandable for a reasonably attentive person. Failing to provide the judgment debtor property notice renders any judgment, except one that dissolves the writ, invalid.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to banks requires the use of the address specified 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, complying with the state’s foreign corporation laws, which includes designating an agent for process 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.
The officer who executes a writ of garnishment must submit a return that satisfies the citation rules. As per Tex. R. Civ. P. 663, the judgment creditor should inspect the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the same regulations as citations in general. Courts have rejected returns that do not indicate the manner and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
After locating a bank account or other debt owed by the judgment debtor that can be garnished and determining that it is cost-effective to do so, an Application for Garnishment must be filed, 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.
Busby and Associates can help you collect your Texas judgment on a contingency basis. However, if the judgment is from another state with the debtor located in Texas, they will evaluate it on a case-by-case basis and may require a retainer. For judgments in Donley County, they can assist you in garnishing a bank account or financial institution to recover the amount.