Texas Writs of Garnishment to Collect Judgment Liens from Gregg County, Texas
If you’re looking for legal assistance to collect a judgment in Gregg County, Texas, look no further than Busby & Associates. Our law firm is 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, and domestication of foreign child support liens. Contact us today to learn more about our legal services and how we can help you collect what you are owed.
Texas Judgment liens in Gregg County
In Gregg County, a correctly established judgment lien can act as a lien on all nonexempt real property belonging to the judgment debtor. The recording and indexing of an abstract of judgment create a judgment lien. The abstract of judgment must be filed in each county where the creditor intends to fix the lien. If the judgment does not become dormant, the lien endures for ten years from the date of recordation and indexing. Only final judgments, not interlocutory judgments, can establish a lien. An abstract can be filed on a final judgment in the event of an appeal or filing of a supersedeas bond. If a creditor obtains a lien before an appeal, the effect of those measures will not be nullified by the appeal’s fact, assuming that the judgment is affirmed. These guidelines apply only to Texas state trial court judgments and do not cover the enforcement of foreign and other states’ judgments. You must first domesticate the judgment in Texas to establish a lien and may then abstract said judgment.
Texas Abstract of Judgment
Abstracting a judgment in Texas can be a complex process that requires careful attention to the state’s regulations. The abstract of judgment can typically 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. If you need to abstract your judgment lien in Gregg County, Texas, you can do so at the County Clerk’s office located at 101 E Methvin St # 200, Longview, Texas 75601.
To produce an acceptable abstract of judgment in Texas, it must contain specific details, 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 issued, 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. Omission of the mailing address may lead to a penalty filing fee, and unverified statements are not admissible.
Recordation of Judgment Liens Abstract
In order for the judgment to be enforceable, the abstract of judgment must be recorded in Gregg County if the debtor owns real property there. The Gregg County clerk receives the abstract and registers 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, 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 the same enforceability as judgments filed in the court of origin. To domesticate a foreign judgment in Texas, the foreign judgment holder must satisfy the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
Gregg County is where the judgment lien is recorded and applies to all nonexempt real property owned by the defendant in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
Once an abstract of judgment is recorded and indexed, a judgment lien remains valid for ten years, but it becomes dormant if no writ of execution is issued within that time, ending the lien. Therefore, it is important 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.
State or state agency judgments remain enforceable and do not become dormant. A valid abstract of judgment can establish a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for an additional 20 years 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 bring the judgment back to life using the revival statute, Civ. Prac. & Rem. Code § 31.006. Thus, 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.
All child support judgments are exempted from the dormancy statute by Subsection (c) of § 34.001 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.
The execution can take control of the judgment debtor’s property unless it is protected by the constitution, statute, or any other legal rule. In most cases, the following types 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 (stamps, coins, etc.); d. Investments like stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempt property.
2. Property Exempt from Execution.
Various kinds of properties are exempted from execution regardless of whether it’s for a single adult or family, which include a) The homestead, b) Personal property of different categories as defined by statute that has a combined fair market value of $100,000 for a family or $50,000 for a single adult, c) Personal service wages and unpaid commissions limited to 25% of $50,000/$100,000 respectively (not applicable for child support payments), d) Prescribed health aids, e) Worker’s compensation payments, f) Cemetery lots meant for sepulcher, g) The property that the debtor has sold, mortgaged, or conveyed in trust if the buyer, mortgagee, or trustee indicates other property that’s enough to satisfy the execution, h) The spendthrift trust’s assets for the judgment debtor’s benefit in the hands of the trustee, i) Specific insurance benefits, and j) Various savings plans including college savings plans and retirement benefits.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal mechanism that allows a judgment creditor to inquire about the relationship between a third party and the judgment debtor to determine if there are any funds or property owed to the debtor. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, requiring 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
Keep in mind that when pursuing post-judgment garnishment, it is a separate legal proceeding from the main case it intends to enforce. The third-party garnishee should be identified as the defendant, as it is an ancillary lawsuit. It should be filed in the same court that delivered the judgment for collection, 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 commence a garnishment action, and the judgment defendant’s participation is not required. Nevertheless, the defendant must receive 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 easily comprehensible for a reasonably attentive person. Failure to provide the judgment debtor with property notice invalidates any judgment, except one that dissolves the writ.
Banks as Garnishees for Writs of Garnishment
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 is the required delivery location for garnishment writs to garnishee banks. Out-of-state financial institutions must register with the Secretary of State, complying with the state’s foreign corporation laws, including 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.
According to Tex. R. Civ. P. 663, the officer who executes a writ of garnishment must file a return that satisfies 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 must follow the same rules as citations in general. Courts have invalidated returns that fail to specify the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once a bank account or any other debt owed by the judgment debtor that is subject to garnishment is discovered and it is determined to be financially viable, you would file an Application for Garnishment along with an affidavit signed by the judgment creditor’s attorney. The affidavit should contain important 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.
Have you been struggling to collect a judgment in Texas? 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 Gregg County, they can assist you with garnishing a bank account or financial institution to recover the amount owed.