Texas Writs of Garnishment to Collect Judgment Liens from Floyd County, Texas
Busby & Associates is a law firm that is skilled in defending, collecting, and enforcing judgments. Our primary focus is on garnishment of bank accounts and financial institutions, but we also provide 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 Floyd County, Texas. If you are a judgment creditor who needs help recovering a judgment from a debtor in Floyd County, Texas, contact us, and we will work with you to create a plan to recover your funds.
Texas Judgment liens in Floyd County
To establish a judgment lien on nonexempt real estate owned by a judgment debtor in Floyd County, an abstract of judgment must be properly recorded and indexed. 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 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
In Texas, abstracting a judgment requires adhering to specific guidelines. Normally, 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 Floyd County, Texas, you can visit the County Clerk’s office located at 105 S Main St # 101, Floydada, Texas 79235.
To create a valid abstract of judgment in Texas, certain information must be included, 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. Failure to include the mailing address may result in a penalty filing fee. Unverified declarations are not allowed.
Recordation of Judgment Liens Abstract
To ensure that the judgment is enforceable, the abstract of judgment must be recorded in Floyd County where the debtor has real property. The Floyd County clerk receives the abstract and documents it in the county’s real property records, indicating the date and time of recording. Additionally, the clerk must include 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.
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 way as judgments filed in the court of origin. The foreign judgment holder must meet the lien requirements when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Floyd County is affected by the judgment lien recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
Once an abstract of judgment is recorded and indexed, the judgment lien remains for a decade, but it becomes dormant if a writ of execution is not issued within that time, which ends 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 the judgment becomes dormant, 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 properly filed abstract of judgment can establish a lien that lasts for 20 years from the date of filing. Moreover, the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment.
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. As a result, 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.
The exemption of judgments for child support from the dormancy statute is provided by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code and applies to all such judgments, irrespective of when they were granted.
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 judgment debtor’s property. In most cases, the following categories of property are 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. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no exempt property.
2. Property Exempt from Execution.
Certain properties fall under the category of exemption from execution, regardless of whether they belong to a family or a single adult. These include: a) the homestead, b) personal property of various categories 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 not belonging to a family, c) current wages for personal service (excluding child support payment) 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 sepulcher purposes, 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) specific savings plans, including retirement benefits and health savings plans, k) college savings plans, and l) certain consigned artwork.
WRITS OF GARNISHMENT.
If a judgment creditor suspects that a third party owes any funds or property to the judgment debtor, they can use the post-judgment garnishment procedure to investigate. If any debts are identified, 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
After a judgment has been issued, garnishment can be used if specific requirements are 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 verify that, to their knowledge, the judgment debtor does not possess enough property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
A post-judgment garnishment action is an independent legal proceeding from the primary case it intends to enforce. The third-party garnishee must be named as the defendant, as it is an ancillary lawsuit. It should be submitted in the same court that rendered the judgment for recovery, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment must 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 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 easy to comprehend for 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
To deliver garnishment writs to banks, 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 must be used. 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.
According to Tex. R. Civ. P. 663, the officer who executes a writ of garnishment must file a return that meets the citation requirements. The judgment creditor must inspect the return before seeking a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have rejected returns that do not provide information on the manner and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
In order 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, file an Application for Garnishment, 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 and officers for service, and any available account names and numbers.
If you’re facing challenges collecting a judgment in Texas, Busby and Associates may be able to help 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. For judgments in Floyd County, they can help you garnish a bank account or financial institution to recover the amount owed.