Texas Writs of Garnishment to Collect Judgment Liens from Foard County, Texas
At Busby & Associates, we understand that collecting a judgment can be a frustrating and time-consuming process. That’s why we are skilled in defending, collecting, and enforcing judgments, with a focus on garnishment of bank accounts and financial institutions. We also offer 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 Foard County, Texas. If you are a judgment creditor who is struggling to collect a judgment from a debtor in Foard County, Texas, contact us, and we will help you get the justice you deserve.
Texas Judgment liens in Foard County
A properly recorded and indexed abstract of judgment can establish a judgment lien on all nonexempt real property owned by a judgment debtor in Foard County. 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 involves complying with certain regulations established 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 Foard County, Texas, you can go to the County Clerk’s office located at 101 S Main St, Crowell, Texas 79227.
In Texas, a valid abstract of judgment must contain specific information, 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
If the debtor has real property in Foard County, the abstract of judgment should be registered in that county. The Foard County clerk receives the abstract and records it in the county’s real property records, mentioning 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.
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. In Texas, the foreign judgment holder must adhere to the lien requirements to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and registered in Foard County is subject to the judgment lien.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien is effective for 10 years following the date of recording and indexing an abstract, unless it becomes dormant, in which case the lien terminates. Hence, it is necessary 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.
Judgments made by the state or a state agency do not become dormant, which means they remain active and enforceable. A valid abstract of judgment can establish a lien that lasts for 20 years from the filing date, and a renewed abstract of judgment can renew the lien for another 20-year period.
3. Political Subdivisions.
While dormancy statutes may cause judgments of political subdivisions to go dormant, 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 excluded from the dormancy statute by Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code, which covers all such judgments, regardless of their date of entry.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is liable to be taken by the execution if it is not exempted by the constitution, statute, or any other legal rule. In most instances, 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 (stamps, coins, etc.); d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not have any property that is exempted.
2. Property Exempt from Execution.
There are specific categories of property that are exempt from execution, whether owned by a family or a single adult. These categories include a) the homestead, b) various personal property specified by statute, not exceeding a total fair market value of $100,000.00 for a family or $50,000.00 for a single adult, c) current wages for personal services (excluding child support payments) and unpaid commissions, up to 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 sold, mortgaged, or conveyed in trust by the judgment debtor, provided that the purchaser, mortgagee, or trustee identifies other sufficient property 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) particular savings plans, such as retirement benefits and health savings plans, k) college savings plans, and l) certain consigned artwork.
WRITS OF GARNISHMENT.
To determine if there are any outstanding debts or property owed to the judgment debtor by a third party, a judgment creditor can use the post-judgment garnishment procedure. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
To utilize garnishment after a judgment, certain conditions must be 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 prevent execution on the judgment. Finally, the creditor must swear 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
When seeking post-judgment garnishment, it is crucial to recognize 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 an additional lawsuit. It should be filed in the same court that delivered the judgment to be collected, but under a different cause number
Service of the writ of garnishment/notice to judgment debtor.
To begin a garnishment action, the writ of garnishment must be served on the garnishee, and the involvement 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 presented in a way that an attentive person can understand. Failure to provide the judgment debtor with property notice renders any judgment, other than one dissolving the writ, invalid.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to garnishee 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 filing a statement with the Secretary of State under Section 201.103.
The officer responsible for executing a writ of garnishment is obligated to provide a return that complies with the citation regulations. The judgment creditor should carefully examine the return before obtaining a garnishment judgment, especially 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 do not specify how and where a corporate garnishee was served.
Forms for the form and Practical Procedure
When you locate a bank account or other debt owed by the judgment debtor that can be garnished and determine 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 crucial information such as the original suit and judgment details, 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 a Texas judgment 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 Foard County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.