Texas Writs of Garnishment to Collect Judgment Liens from Fisher County, Texas
If you’re looking for a law firm to help you collect the judgment you’re owed, look no further than Busby & Associates. We are skilled in defending, collecting, and enforcing judgments, with a focus on garnishment of bank accounts and financial institutions. In addition, we offer legal support for consumer bankruptcy, family law, and divorce matters, as well as assistance with child support lien collections and defense, and domestication of foreign child support liens in Fisher County, Texas. If you’re a judgment creditor who needs help recovering a judgment from a debtor in Fisher County, Texas, contact us, and we will provide you with the legal guidance and support you need.
Texas Judgment liens in Fisher County
Nonexempt real estate owned by a judgment debtor in Fisher County can be subject to a lien established through the proper recording and indexing of an abstract of judgment. 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. Only final judgments, not interlocutory ones, can form the basis of a lien. 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 rules apply solely 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 is subject to specific regulations that should be followed. 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. Note that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Fisher County, Texas, you can go to the County Clerk’s office located at 112 N Concho St, Roby, Texas 79543.
In Texas, an abstract of judgment must contain specific details to be considered valid, such as 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. If the mailing address is not included, a penalty filing fee may be imposed. Unverified declarations are not accepted.
Recordation of Judgment Liens Abstract
Fisher County is the appropriate place to record the abstract of judgment if the debtor has real property in that county. The Fisher County clerk receives the abstract and records it in the county’s real property records, noting the date and time of recording. The clerk must also enter the abstract in the alphabetical index to the real property records, showing the names of 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 grant foreign judgments the same enforceability as judgments filed in the originating court. 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
The judgment lien encompasses all nonexempt real property owned by the defendant and recorded in Fisher County.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for 10 years after recording and indexing an abstract, but it becomes dormant if no writ of execution is issued within that time, which ends the lien. To maintain the judgment lien, one must keep the judgment active and obtain and record a new abstract of judgment. A dormant judgment 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. A valid abstract of judgment can create a lien that lasts for 20 years from the filing date, and a renewed abstract of judgment can extend the lien for an additional 20 years.
3. Political Subdivisions.
Even though judgments of political subdivisions can become dormant under dormancy statutes, the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. This means that the political subdivision is not barred by the statute of limitations from reviving the judgment beyond the two-year dormancy period.
4. Child Support Judgments.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code provides an exception to the dormancy statute for judgments of child support, covering all such judgments regardless of their date of rendering.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property can be seized by the execution if it is not exempted by the constitution, statute, or any other legal rule. The following types of property are typically not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections such as stamps, coins, etc.; d. Investments like stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any exempted property.
2. Property Exempt from Execution.
Neither a family nor a single adult shall be deprived of the following property categories as a result of an execution: a. The homestead b. Personal property of numerous categories outlined by statute, up to an aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult who is not a member of a family c. Current wages for personal service, except for child support payments, and unpaid commissions for personal services up to twenty-five percent (25%) of the $50/$100,000 aggregate limits d. Professionally prescribed health aids e. Worker’s compensation payments f. Cemetery lots held for burial purposes g. Property that the judgment debtor sold, mortgaged, or entrusted in trust, provided that the purchaser, mortgagee, or trustee identifies other assets of the debtor sufficient to satisfy the execution h. Assets in the hands of the trustee of a spendthrift trust for the judgment debtor’s benefit i. Certain insurance benefits; and j. Certain savings plans, including retirement benefits and health savings plans k. College Savings Plans l. Consignment art that meets certain criteria.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal process that allows a judgment creditor to investigate if a third party has any funds or property owed to the judgment debtor. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, which requires the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
In order to utilize garnishment after a judgment has been rendered, certain conditions must be met. Firstly, the creditor must hold 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 attest that, to their knowledge, the judgment debtor does not have in their possession sufficient property subject to execution in Texas to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s essential to understand that a post-judgment garnishment action is a separate legal suit from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, as it is a supplementary lawsuit. It should be filed in the same court that issued the judgment for collection, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In order to start a garnishment action, the garnishee must be served with the writ of garnishment, and the participation of the judgment defendant is not required. 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 way that is easily understood by a reasonably attentive person. Failure to provide the judgment debtor with property notice nullifies any judgment, except one that dissolves the writ.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to garnishee banks is required to be made at 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 filing a statement with the Secretary of State under Section 201.103.
To satisfy the citation rules, the officer executing a writ of garnishment must provide a return. The judgment creditor must examine the return before obtaining a garnishment judgment, particularly in default judgment cases, as per Tex. R. Civ. P. 663. Returns in garnishment proceedings must follow the same regulations as citations in general. Courts have invalidated returns that fail to indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once you have found a bank account or other debt owed by the judgment debtor that can be garnished and have determined that it is worth pursuing, you must file an Application for Garnishment, along with 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.
Need help collecting a judgment from Texas? Busby and Associates can assist you on a contingency basis. For judgments from other states with the debtor located in Texas, they evaluate on a case-by-case basis and may require a retainer. If the debtor and/or judgment is in Fisher County, they can help you garnish a bank account or financial institution to recover the amount owed.