Texas Writs of Garnishment to Collect Judgment Liens from Glasscock County, Texas
When it comes to collecting a judgment, Busby & Associates is a law firm you can count on. 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 Glasscock County, Texas. If you need help collecting a judgment in Glasscock County, Texas, contact us, and we will work with you to get the results you need.
Texas Judgment liens in Glasscock County
Properly recording and indexing an abstract of judgment is required to establish a judgment lien on all nonexempt real property owned by a judgment debtor in Glasscock County. The abstract must be filed in each county where the debtor owns property. The lien will remain valid 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, those actions will not be invalidated in the event of an affirmation. These rules apply solely 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
Texas law establishes specific guidelines for abstracting a judgment. The abstract of judgment can usually 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 Glasscock County, Texas, you can go to the County Clerk’s office located at 209 South Myrl St, Garden City, Texas 79739.
To produce a valid abstract of judgment in Texas, it must contain specific elements, 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. A penalty filing fee may be levied if the mailing address is missing, and unverified statements are not acceptable.
Recordation of Judgment Liens Abstract
The appropriate location for recording the abstract of judgment is Glasscock County if the debtor owns real property there. The Glasscock County clerk receives the abstract and documents it in the county’s real property records, specifying the date and time of recording. Furthermore, the clerk must enter 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 have equal enforceability as judgments filed in the court of origin. The foreign judgment holder must adhere to the lien requirements when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and located in Glasscock County, recorded in the county, is subject to the judgment lien.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
After the date of recording and indexing an abstract, the judgment lien continues for a period of ten years, but it becomes dormant if no writ of execution is issued within that time, causing the lien to cease. Hence, it is necessary to keep the judgment active and obtain and record a new abstract of judgment to maintain the lien. 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.
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 filing a renewed abstract of judgment, the lien’s duration can be extended for an additional 20-year period.
3. Political Subdivisions.
Dormancy statutes can cause judgments of political subdivisions to become dormant, but the political subdivision can revive the judgment using the revival statute, Civ. Prac. & Rem. Code § 31.006, at any time. Hence, 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 judgments for child support are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to all such judgments, whether they were made recently or in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by the constitution, statute, or any other legal rule, the judgment debtor’s property is subject to seizure by the execution. 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 such as stamps, coins, etc.; d. Investments like stocks, bonds, or notes; e. f. Airplanes. Corporations have no protected property.
2. Property Exempt from Execution.
Property in the following categories is exempt from execution, whether for a family or a single adult: a) the homestead; b) personal property of various categories specified 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 (excluding child support) and unpaid commissions for personal services, not exceeding twenty-five percent (25%) of the $50/$100,000 aggregate limitations; d) medically necessary 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, provided the purchaser, mortgagee, or trustee identifies other property of the debtor that is sufficient to satisfy the execution; h) assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor; i) specific insurance benefits; j) designated savings plans, including retirement and health savings plans; k) College Savings Plans; l) certain artwork that has been consigned.
WRITS OF GARNISHMENT.
A judgment creditor can use the post-judgment garnishment procedure to investigate if a third party owes any funds or property to the judgment debtor. If any debts are identified, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
After obtaining a judgment, garnishment may be utilized if specific prerequisites are 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 affirm 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 recognize that a post-judgment garnishment action is a distinct legal proceeding from the main case it intends to enforce. As an additional lawsuit, the third-party garnishee should be identified as the defendant. It should be submitted 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 judgment defendant’s participation is not mandatory. 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 manner that is easily understood by 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
To serve garnishment writs on garnishee banks, 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 must be used. 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 includes appointing an agent for process under Section 201.102. Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The officer executing a writ of garnishment is required to file a return that satisfies the citation standards, according to Tex. R. Civ. P. 663. The judgment creditor must examine the return before obtaining a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings must comply with the same regulations as citations in general. Courts have invalidated returns that do not indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you happen to locate a bank account or any other debt that can be garnished from the judgment debtor and it is cost-effective to do so, then you should file an Application for Garnishment accompanied by a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include important information, such as 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.
Don’t let the difficulty of collecting a judgment in Texas deter you from seeking your rightful payment. Busby and Associates can help you collect your judgment 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 Glasscock County, they can assist you with garnishing a bank account or financial institution to recover the amount owed.