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Garza County, Post, Texas

Garza County

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


At Busby & Associates, we understand that collecting a judgment can be a daunting task, which is why we offer comprehensive legal support for defending, collecting, and enforcing judgments. Our primary focus is on garnishment of bank accounts and financial institutions, but we also offer legal services for consumer bankruptcy, family law, and divorce matters. Additionally, we can assist both obligors and obligees with child support lien collections and defense, and domestication of foreign child support liens in Garza County, Texas. If you are a judgment creditor struggling to collect from a debtor in Garza County, Texas, contact us today, and we will help you get the justice you deserve.

Texas Judgment liens in Garza County

An abstract of judgment must be recorded and indexed properly to establish a judgment lien on all nonexempt real property owned by a judgment debtor in Garza County. 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, unless the judgment becomes dormant. A judgment lien can only be established using a final judgment, not an interlocutory one. 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 judgments from Texas state trial courts. To establish a lien on a judgment from another state or foreign country, the judgment must first be domesticated in Texas before filing the abstract.

Texas Abstract of Judgment

The state of Texas has specific regulations regarding the abstracting of judgments, which must be followed. Typically, 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. It’s important to note that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Garza County, Texas, you can go to the County Clerk’s office located at 300 Main St, Post, Texas 79356.


In Texas, an abstract of judgment must include certain information to be legally binding, 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 known), 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 provide the mailing address may result in a penalty filing fee. Unverified declarations are not permitted.

Recordation of Judgment Liens Abstract

The abstract of judgment must be recorded in Garza County where the debtor has real property. The Garza County clerk receives the abstract and registers it in the county’s real property records, indicating the date and time of recording. The clerk must also include 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.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments have the same enforceability as judgments filed in the originating court. The foreign judgment holder must fulfill the lien requirements to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property in Garza County, as recorded in the county, is encumbered by the judgment lien.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains in effect for ten years from the date of recording and indexing an abstract, but it becomes dormant if no writ of execution is issued within that time, which terminates the lien. Therefore, 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, which means they remain enforceable throughout the lien’s life. A valid abstract of judgment can establish a lien that lasts for 20 years from the date of filing, and the lien’s life can be extended for another 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may cause judgments of political subdivisions to become inactive, but 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 creates an exemption for judgments of child support from the dormancy statute and applies to all such judgments, regardless of their date of entry.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution has the power to seize the judgment debtor’s property unless it is exempted by the constitution, statute, or any other legal rule. Generally, 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 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.

In the case of execution, the following categories of property shall be exempted for both families and single adults: a) the homestead; b) personal property of different kinds designated by law, up to $100,000.00 for a family or $50,000.00 for a single adult who is not a member of a family in the aggregate fair market value; c) present earnings from personal service (excluding child support payments) and outstanding commissions for personal services, not exceeding 25% of the $50/$100,000 aggregate limitations; d) medically necessary health aids; e) worker’s compensation payments; f) cemetery plots held for sepulcher purposes; g) property that the debtor sold, mortgaged, or conveyed to a trustee, provided the purchaser, mortgagee, or trustee shows other property of the debtor sufficient to satisfy the execution; h) assets held in a spendthrift trust by the trustee for the benefit of the judgment debtor; i) specific insurance benefits; and j) designated savings plans, including retirement and health savings plans; k) College Savings Plans and l) Certain artwork consigned.

Garza County


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 found, the creditor (garnishor) can obtain a garnishment judgment, which mandates the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

To proceed with garnishment after obtaining a judgment, certain prerequisites 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 halt execution on the judgment. Finally, the creditor must affirm that, based on their knowledge, the judgment debtor does not have in their possession sufficient property subject to execution in Texas to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It’s essential to recognize that when filing for post-judgment garnishment, it is a separate 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 for collection, 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 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 include the contents of the writ in bold 12-point typeface and in a way that is easily comprehensible for a reasonably attentive person. 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

Garnishment writs served on garnishee banks should be delivered 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, adhering to 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.

Officer’s Return.

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 carefully examine the return before seeking a garnishment judgment, particularly in default judgment cases. Returns in garnishment proceedings must adhere to the same regulations as citations in general. Courts have deemed returns to be invalid if they do not indicate 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 it is financially feasible to pursue, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain critical information, including the original suit and judgment details, the garnishee’s name, officers for service, and service address, as well as any available account names and numbers.

If you’re struggling to collect a Texas judgment, Busby and Associates can help you do it on a contingency basis. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Garza County, they can assist you with garnishing a bank account or financial institution to recover the amount owed.



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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.