Texas Writs of Garnishment to Collect Judgment Liens from Frio County, Texas
Collecting a judgment can be a complex and time-consuming process, but at Busby & Associates, we have the knowledge and experience to make it easier for our clients. We are skilled in defending, collecting, and enforcing judgments, with a focus on garnishment of bank accounts and financial institutions. Additionally, we 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, and domestication of foreign child support liens in Frio County, Texas. If you are a judgment creditor struggling to collect from a debtor in Frio County, Texas, contact us, and we will help you recover what you are owed.
Texas Judgment liens in Frio County
All nonexempt real property owned by a judgment debtor in Frio County can be subject to a judgment lien if a properly recorded and indexed abstract of judgment is filed. The abstract must be filed in each county where the debtor owns property. The lien will be in effect for ten years from the date of recordation and indexing, provided that the judgment does not become dormant. Only final judgments, not interlocutory ones, can be used to establish a lien. However, an abstract of judgment can still be filed on a final judgment being appealed or on which a supersedeas bond has been filed. If a creditor has already established a lien before the judgment is appealed, such actions will not be invalidated in the event of an affirmation. These rules apply only to Texas state trial court judgments. To create a lien using an abstract of judgment from another state or foreign country, the judgment must first be domesticated in Texas before filing the abstract.
Texas Abstract of Judgment
Abstracting a judgment in Texas is governed by specific regulations that must be followed. In most courts, the abstract of judgment can be prepared by the judge, justice of the peace, clerk of the court, judgment creditor, agent, attorney, or assignee, 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 Frio County, Texas, you can visit the County Clerk’s office located at 500 E San Antonio St, Pearsall, Texas 78061.
To produce a valid abstract of judgment in Texas, it must include specific details, 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. Failing to include the mailing address may lead to a penalty filing fee. Sworn declarations are required.
Recordation of Judgment Liens Abstract
If the debtor possesses real property in Frio County, the abstract of judgment must be documented in that county. The Frio 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 have equal enforceability as judgments filed in the originating court. The foreign judgment holder must adhere to the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant in Frio County is encumbered by the judgment lien recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for ten years after recording and indexing an abstract, but it becomes dormant if no writ of execution is issued within that time, which terminates the lien. Thus, one must 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 valid abstract of judgment can create a lien for 20 years from the date of filing. By submitting a renewed abstract of judgment, the lien’s life can be extended for an additional 20-year period.
3. Political Subdivisions.
Even though 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. As a result, 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 exemption from the dormancy statute for child support judgments, covering all such judgments regardless of their date of rendering.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution has the authority to seize the judgment debtor’s property unless it is protected by the constitution, statute, or any other legal rule. Typically, the following categories of property are not protected: 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 like stocks, bonds, or notes; e. f. Airplanes. Corporations have no protected property.
2. Property Exempt from Execution.
To protect a family or single adult from execution, certain types of property fall under the exemption, including a. the homestead, b. personal property specified by law with a total value of up to $100,000 for families and $50,000 for single adults, c. current wages and unpaid commissions up to 25% of the $50/$100,000 limit, d. health aids prescribed by professionals, e. worker’s compensation payments, f. cemetery lots used for sepulchers, g. sold, mortgaged, or conveyed property if other property of the debtor can satisfy the execution, h. assets with the trustee of a spendthrift trust for the debtor’s benefit, i. certain insurance and savings benefits, such as retirement benefits and health savings plans, j. college savings plans, and k. certain consigned artwork.
WRITS OF GARNISHMENT.
If a judgment creditor suspects that a third party owes any debts 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, which orders the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
After obtaining a judgment, garnishment can be employed if certain criteria are satisfied. Firstly, the creditor must have a valid and subsisting judgment against the debtor, with the judgment being deemed 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, 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
It’s crucial to understand that a post-judgment garnishment action is a separate legal suit from the main case it seeks to enforce. The third-party garnishee should be designated as the defendant, as it is an ancillary lawsuit. It should be filed in the same court that issued the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To initiate a garnishment action, the garnishee must be served with the writ of garnishment, and the participation 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 practical after the garnishee has been served. The copy of the writ served on the defendant must contain the contents of the writ in 12-point bold typeface and in a manner that a reasonably attentive person can understand. Failure to provide the judgment debtor with property notice renders any judgment, except one that dissolves the writ, null and void.
Banks as Garnishees for Writs of Garnishment
Delivery of garnishment writs to garnishee banks is mandated 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 are required to file a registration application with the Secretary of State and comply with the state’s foreign corporation laws, which requires them to appoint 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.
According to Tex. R. Civ. P. 663, the officer who executes a writ of garnishment is required to provide a return that meets the citation requirements. The judgment creditor must examine the return before pursuing a garnishment judgment, particularly in default judgment cases. Returns in garnishment proceedings must follow the same regulations as citations in general. Courts have rejected returns that fail to indicate the manner 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 you determine that it is cost-effective to pursue, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should provide necessary 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.
Collecting a judgment in Texas is challenging, but Busby and Associates can help you do it on a contingency basis. Judgments from other states with the debtor in Texas are evaluated on a case-by-case basis and may require a retainer. For judgments in Frio County, they can help you garnish a bank account or financial institution to recover the amount owed.