Texas Writs of Garnishment to Collect Judgment Liens from Hall County, Texas
At Busby & Associates, we provide comprehensive legal services to help our clients collect judgments in Hall County, Texas. Our experienced attorneys 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, and domestication of foreign child support liens. Contact us today to schedule a consultation and learn how we can help you collect what you are owed.
Texas Judgment liens in Hall County
A judgment lien, properly established, serves as a lien on all nonexempt real property of the judgment debtor in Hall County. The creation of a judgment lien involves accurately recording and indexing an abstract of judgment in each county where the lien is to be fixed. This lien will continue for ten years from the date of recordation and indexing, provided that the judgment does not become dormant. The judgment on which the lien is based must be final, not interlocutory. Although an abstract can be filed on a final judgment even if it is under appeal or a supersedeas bond has been filed, a judgment creditor must take the necessary steps to obtain a lien before the appeal. If a judgment creditor has obtained a lien before the appeal, the fact of appeal will not affect the effect of such steps if the appeal is later affirmed. These rules apply only to Texas state trial court judgments and do not apply to the enforcement of judgments from other states and foreign countries. To establish a lien on such judgments, you must first domesticate them in Texas and then file an abstract.
Texas Abstract of Judgment
Abstracting a judgment in Texas necessitates following the state’s guidelines closely. 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, but not for small claims and justice courts, where the judgment creditor is not permitted 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 Hall County, Texas, the County Clerk’s office at 512 W Main St Suite 8, Memphis, Texas 79245 is where you should go.
If you want to make sure your abstract of judgment in Texas is enforceable, it must include certain 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 issued, the amount of the judgment and outstanding balance, 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, and unverified declarations are not accepted.
Recordation of Judgment Liens Abstract
Hall County is the place where the abstract of judgment should be registered if the debtor has real property there. The Hall County clerk receives the abstract and records it in the county’s real property records, indicating the date and time of registration. Additionally, 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that foreign judgments have the same enforceability as judgments filed in the originating court. The foreign judgment holder must satisfy the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien attaches to all nonexempt real property owned by the defendant and located in Hall County, where it is recorded.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
Upon the recording and indexing of an abstract, a judgment lien persists for ten years, unless the judgment becomes dormant, in which case the lien expires. Hence, it is necessary to keep the judgment alive and obtain and record a new abstract of judgment to preserve the lien. A judgment becomes dormant if a writ of execution is not issued within ten years after it is rendered, but it can be revived through scire facias or an action of debt filed within two years of dormancy.
2. State or State Agency Judgments.
Judgments made by the state or a state agency retain their enforceability throughout the lien’s duration and do not go dormant. A properly filed abstract of judgment can create a lien that lasts for 20 years from the date of filing, and the lien can be renewed for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes may render judgments of political subdivisions inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, allows the political subdivision to revive the judgment at any time. Therefore, the political subdivision is not barred by the statute of limitations and can revive the judgment beyond the two-year dormancy period.
4. Child Support Judgments.
The Civ. Prac. & Rem. Code’s § 34.001 Subsection (c) creates an exemption for judgments of child support from the dormancy statute, 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 right to seize the judgment debtor’s property, provided that it is not exempted by the constitution, statute, or any other legal rule. The following kinds of property are usually not exempt: 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 such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no protected property.
2. Property Exempt from Execution.
The following property categories are exempt from execution, whether the debtor is a family or a single adult: a) The homestead; b) Personal property within various categories as specified by statute, up to a maximum fair market value of $100,000.00 for a family or $50,000.00 for a single adult who isn’t part of a family; c) Current wages for personal services (excluding child support payments) and unpaid commissions for personal services that don’t exceed 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 that the judgment debtor has sold, mortgaged, or conveyed in trust, provided that the purchaser, mortgagee, or trustee can point to other assets belonging to the debtor that are sufficient to satisfy the execution; h) Assets in the hands of a spendthrift trust trustee for the judgment debtor’s benefit; i) Certain insurance benefits; j) Certain savings plans, including retirement benefits and health savings plans; k) College savings plans; and l) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal process that allows a judgment creditor to scrutinize 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, compelling the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
The use of garnishment following a judgment is subject to specific conditions. Firstly, the creditor must possess 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 affirm that, according to their knowledge, the judgment debtor does not hold enough property in Texas subject to execution to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s important to understand that a post-judgment garnishment action is a separate legal proceeding from the main case it aims to enforce. As an additional lawsuit, the third-party garnishee should be named as the defendant. It should be filed in the same court that rendered the judgment to be collected, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action is initiated by serving the writ of garnishment on the garnishee, and the participation of the judgment defendant is not mandatory. However, the defendant must receive 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 comprehensible for a reasonably attentive person. Failure to provide the judgment debtor with property notice renders any judgment, except one that dissolves the writ, unenforceable.
Banks as Garnishees for Writs of Garnishment
To deliver garnishment writs to 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 is required. Out-of-state financial institutions must file a registration application with the Secretary of State and comply 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.
The officer who carries out a writ of garnishment is expected to submit a return that conforms to the citation requirements set forth in Tex. R. Civ. P. 663. The judgment creditor should examine the return before seeking 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 a bank account or other debt belonging to the judgment debtor can be garnished and the funds are deemed sufficient to make it worthwhile, the next step is to file an Application for Garnishment. The application must be accompanied by an affidavit signed by the judgment creditor’s attorney, providing 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.
Busby and Associates can assist you in collecting your Texas judgment without any upfront fees. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Hall County, they can help you garnish a bank account or financial institution to recover the amount owed.