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

Busby & Associates is a legal firm that provides comprehensive services for defending, collecting, and enforcing judgments. Our primary focus is on garnishment of bank accounts and financial institutions, but we also offer legal support for consumer bankruptcy, family law, and divorce matters. We can assist both obligors and obligees with child support lien collections and defense, as well as domestication of foreign child support liens in Falls County, Texas. If you are a judgment creditor who is struggling to collect a judgment from a debtor in Falls County, Texas, contact us, and we will use our extensive legal experience to help you recover the funds you are owed.

Texas Judgment liens in Falls County

A judgment lien on nonexempt real property owned by a judgment debtor in Falls County can be established by recording and indexing an abstract of judgment properly. 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 before an abstract can be filed.

Texas Abstract of Judgment

Abstracting a judgment in Texas involves following certain guidelines set by the state. Typically, 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’s worth noting that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Falls County, Texas, you can visit the County Clerk’s office located at 125 Bridge St, Marlin, Texas 76661.

Contents

To create a legally binding abstract of judgment in Texas, certain information must be included, such as the names of the plaintiff and defendant, the defendant’s birthdate (if known), 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. Declarations that are not verified are not allowed.

Recordation of Judgment Liens Abstract

If the debtor owns real estate in Falls County, the abstract of judgment must be documented in that county. The Falls 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 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 provide foreign judgments with the same enforceability as local judgments. To domesticate a foreign judgment in Texas, the foreign judgment holder must satisfy the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant and located in Falls County, where it is recorded, is subject to the judgment lien.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

Once an abstract of judgment is recorded and indexed, the judgment lien remains in effect for 10 years, but it becomes dormant if a writ of execution is not issued within that time. To maintain the judgment lien, it is essential to keep the judgment active and obtain and record a new abstract of judgment. If the judgment becomes dormant, it can be revived through scire facias or a debt action filed within two years after it becomes dormant.

2.      State or State Agency Judgments.

State or state agency judgments do not become dormant and remain enforceable for the lien’s life. A properly filed abstract of judgment can create a lien for 20 years from the filing date, and a renewed abstract of judgment can renew the lien for another 20 years.

3.      Political Subdivisions.

Although judgments of political subdivisions can become inactive under 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 is not restricted by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.

4.      Child Support Judgments.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code excludes judgments for child support from the dormancy statute and applies to all such judgments, irrespective of when they were made.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The property of the judgment debtor is susceptible to levy by the execution if it is not exempted by the constitution, statute, or any other legal rule. In most instances, the following kinds of property will not be 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 have no exempt property.

2.      Property Exempt from Execution.

Certain categories of property are exempt from execution, whether it is for a family or a single adult, which includes: a) the homestead, b) personal property of specific categories as specified by statute, 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 exceeding 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 points out 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.

WRITS OF GARNISHMENT.

To investigate if a third party owes any funds or property to the judgment debtor, a judgment creditor can utilize the post-judgment garnishment procedure. If any debts are identified, the creditor (garnishor) can obtain a garnishment judgment, which instructs the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

To use garnishment after obtaining a judgment, specific conditions must be met. 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 prevent execution on the judgment. Finally, the creditor must attest that, based on their knowledge, the judgment debtor does not have adequate 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 crucial to understand that it is a distinct legal action from the main case it intends to enforce. The third-party garnishee should be designated as the defendant, as it is a supplementary lawsuit. It should be filed in the same court that delivered the judgment to be collected, but with a different cause number.

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

To start a garnishment action, the garnishee must be served with the writ of garnishment, and the involvement of the judgment defendant is not necessary. However, the defendant must be served with a copy of the writ, application, affidavits, and court orders as soon as possible 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 understandable to a reasonably attentive person. Failure to give the judgment debtor property notice invalidates any judgment, except one that dissolves the writ.

Banks as Garnishees for Writs of Garnishment

Delivery of garnishment writs to banks is subject to the address designated 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 submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

The officer responsible for executing a writ of garnishment is required to file a return that conforms to the citation requirements. According to Tex. R. Civ. P. 663, the judgment creditor should scrutinize the return before pursuing a garnishment judgment, particularly in default judgment cases. Returns in garnishment proceedings are subject to the same regulations as citations in general. Courts have rejected returns that do not provide information on the method and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

When you find a bank account or other debt owed by the judgment debtor that can be garnished and determine that it is cost-effective to pursue, you must file an Application for Garnishment, accompanied 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 and address for service, and any available account names and numbers.

Do you need help collecting a Texas judgment? Busby and Associates can assist you on a contingency basis. Judgments from other states with the debtor located in Texas are evaluated on a case-by-case basis and may require a retainer. If the debtor and/or judgment is in Falls County, they can help you garnish a bank account or financial institution to recover the amount owed.