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Erath County, Stephenville, Texas

Erath County

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

At Busby & Associates, we are committed to helping our clients collect the judgments they are owed. As a legal firm that is skilled in defending, collecting, and enforcing judgments, we focus primarily on garnishment of bank accounts and financial institutions. We also provide legal support for consumer bankruptcy, family law, and divorce matters, and we can assist both obligors and obligees with child support lien collections and defense, as well as domestication of foreign child support liens in Erath County, Texas. If you need help collecting a judgment from a debtor in Erath County, Texas, contact us, and we will work with you to create a plan to recover your judgment.

Texas Judgment liens in Erath County

To establish a lien on nonexempt real property owned by a judgment debtor in Erath County, a properly recorded and indexed abstract of judgment is necessary. The abstract must be filed in each county where the debtor has property. The lien remains valid 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 apply only to judgments from Texas state trial courts. To establish a lien using the abstract of a judgment from another state or foreign country, the judgment must first be domesticated in Texas beSfore an abstract can be filed.

Texas Abstract of Judgment

When abstracting a judgment in Texas, it’s important to understand the state’s specific regulations. Generally, 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. Keep in mind that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Erath County, Texas, you can go to the County Clerk’s office located at 298 S Graham Ave, Stephenville, Texas 76401.


In Texas, an abstract of judgment must meet specific requirements 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. Omitting the mailing address may result in a penalty filing fee. Declarations that are not verified are not permitted.


Recordation of Judgment Liens Abstract

To make sure that a judgment is enforceable, the abstract should be recorded in Erath County where the debtor has real property. The Erath County clerk receives the abstract and documents it in the county’s real property records, indicating 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.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act can be enforced in the same manner as judgments filed in the court of origin. The foreign judgment holder must comply with the lien requirements when domesticating the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien is enforced on all nonexempt real property owned by the defendant and recorded in Erath County, the county of registration.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien is valid for 10 years following the date of recording and indexing an abstract, except if the judgment becomes dormant, which terminates the lien. Therefore, it is crucial to keep the judgment alive and obtain and record a new abstract of judgment to maintain the lien. If no writ of execution is issued within 10 years of the judgment’s creation, it becomes dormant, but it can be revived by 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 go dormant, and a valid abstract of judgment can establish a lien for 20 years from the date of filing. By filing a renewed abstract of judgment, the lien’s duration can be extended for an additional 20 years.

3.      Political Subdivisions.

While judgments of political subdivisions may go 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. As such, the political subdivision can revive the judgment beyond the two-year dormancy period, and the statute of limitations will not bar it.

4.      Child Support Judgments.

The exception to the dormancy statute for child support judgments is provided by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code and applies to all such judgments, regardless of their date of entry.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution can levy on the property of the judgment debtor unless it is exempted by the constitution, statute, or any other legal rule. The following types of property are usually not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any exempted property.

2.      Property Exempt from Execution.

Whether it is for a family or a single adult, certain categories of property are exempt from execution, which include: a) the homestead, b) personal property of specified categories as defined by law, up to the aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult, c) current wages for personal service (excluding child support) and unpaid commissions for personal services, not to exceed twenty-five percent (25%) of the $50/$100,000 aggregate limitations, d) professionally prescribed health aids, e) worker’s compensation payments, f) cemetery lots held for the purposes of sepulcher, g) property that the judgment debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee identifies 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) certain savings plans including retirement benefits and health savings plans, k) college savings plans, and l) certain consigned artwork.

Erath County


The post-judgment garnishment is a legal mechanism that permits a judgment creditor to examine the connection between a third party and the judgment debtor to determine if any funds or property are owed to the debtor. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

After a judgment is issued, garnishment can be used if certain criteria are satisfied. 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 must not have filed an approved supersedeas bond to suspend execution on the judgment. Finally, the creditor must verify that, based on 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

A post-judgment garnishment action is a separate legal suit from the main case it is intended to enforce. The third-party garnishee must be identified as the defendant, as it is an additional lawsuit. It should be submitted 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.

The writ of garnishment should be served on the garnishee to initiate a garnishment action, and the involvement of the judgment defendant is not essential. Nevertheless, 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 easy to comprehend for a reasonably attentive person. If the judgment debtor does not receive property notice, any judgment other than one dissolving the writ will be nullified.

Banks as Garnishees for Writs of Garnishment

Garnishment writs served on banks must be sent to 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 have the option to appoint an agent for process by filing a statement with the Secretary of State under Section 201.103.

Officer’s Return.

To comply with the citation standards, the officer executing a writ of garnishment must file a return that meets them. Tex. R. Civ. P. 663 mandates that the judgment creditor should carefully review the return before seeking a garnishment judgment, especially in default judgment cases. Returns in garnishment proceedings must follow the same regulations as citations in general. Courts have invalidated returns that fail to indicate how and where a corporate garnishee was served.

Forms for the form and Practical Procedure

Once you have located a bank account or other debt owed by the judgment debtor that can be garnished and determined that it is financially viable to pursue, you must file an Application for Garnishment, along with an affidavit signed by the judgment creditor’s attorney. The affidavit should include essential 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 provides contingency-based assistance for collecting judgments in Texas. If the debtor is located in Texas but the judgment is from another state, they will evaluate it on a case-by-case basis and may require a retainer. For judgments in Erath County, they can help you garnish a bank account or financial institution to recover the amount owed.


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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.