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

Are you struggling to collect a judgment in Hardeman County, Texas? Busby & Associates can help. 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 in Hardeman County, Texas. Contact us today to schedule a consultation and learn how we can help you collect what you are owed.

Texas Judgment liens in Hardeman County

Any nonexempt real property owned by a judgment debtor in Hardeman County can be subject to a properly fixed judgment lien. The lien is created by accurately recording and indexing an abstract of judgment in every county where the lien is sought to be fixed. As long as the judgment is active, the lien will be in place for ten years from the date of recordation and indexing. However, the judgment must be final, not interlocutory, to qualify for a lien. In the event of an appeal or the filing of a supersedeas bond, a creditor may still file an abstract on a final judgment. Additionally, if the creditor obtains a lien before the appeal, the appeal will not affect the lien if the affirmance occurs. These rules apply only to Texas state trial court judgments and do not apply to the enforcement of foreign and other states’ judgments. To create a lien, the judgment must first be domesticated in Texas, and only then can the creditor file an abstract on the judgment.

Texas Abstract of Judgment

When abstracting a judgment in Texas, it is important to follow the state’s guidelines closely. 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, but not in small claims and justice courts, where the judgment creditor is not permitted 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 Hardeman County, Texas, you can visit the County Clerk’s office located at 300 S Main St, Quanah, Texas 79252.

Contents

To create a legal abstract of judgment in Texas, it must contain 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 rendered, the amount of the judgment and balance due, any child support arrearage, and the interest rate. The abstract must also list the mailing address for each plaintiff or judgment creditor and be certified by the creditor’s attorney. The failure to provide the mailing address may result in a penalty filing fee, and unverified statements are not accepted.

Recordation of Judgment Liens Abstract

The abstract of judgment is required to be documented in Hardeman County if the debtor has real property there. The Hardeman County clerk receives the abstract and records it in the county’s real property records, noting the date and time of documentation. 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.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act allow foreign judgments to be enforced in the same manner as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien covers all nonexempt real property owned by the defendant and located in Hardeman County, where it is recorded.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

Following the recording and indexing of an abstract, a judgment lien remains in effect for ten years, but it becomes dormant if no writ of execution is issued within that time, resulting in the termination of the lien. Therefore, to maintain the judgment lien, it is crucial to 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.

The enforceability of state or state agency judgments does not lapse, meaning they remain enforceable for the entire duration of the lien. A valid abstract of judgment can establish 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.

The revival statute, Civ. Prac. & Rem. Code § 31.006, provides political subdivisions the power to revive judgments that have become dormant under dormancy statutes. Therefore, 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.

• 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments of child support, covering all such judgments regardless of their date of rendering.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by the constitution, statute, or any other legal rule, the execution can take possession of the judgment debtor’s property. The following types of property are typically not exempted: 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 such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempted property.

2.      Property Exempt from Execution.

Property belonging to the following categories is exempt from execution, regardless of whether the debtor is a single adult or part of a family: a) the homestead; b) personal property of different categories stipulated by statute, not exceeding an aggregate fair market value of $100,000.00 for a family or $50,000.00 for an unmarried adult; c) present wages for personal services (except child support) and unpaid commissions for personal services not exceeding twenty-five percent (25%) of the $50/$100,000 aggregate limits; d) professionally prescribed health aids; e) worker’s compensation payments; f) cemetery lots reserved for sepulcher purposes; g) property that the judgment debtor has sold, mortgaged, or transferred in trust if the buyer, mortgagee, or trustee identifies other assets sufficient to satisfy the execution; h) assets in the hands of a spendthrift trust trustee that benefit the judgment debtor; i) specific insurance benefits; j) certain savings plans, such as retirement benefits and health savings plans; k) college savings plans; and l) specific consigned artwork.

WRITS OF GARNISHMENT.

If a judgment creditor believes 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 discovered, the creditor (garnishor) can obtain a garnishment judgment, mandating the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

To utilize garnishment following a judgment, certain requirements 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 prevent execution on the judgment. Finally, the creditor must attest that, based on their knowledge, the judgment debtor does not possess enough property in Texas subject to execution to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Remember 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 ancillary lawsuit. It should be submitted in the same court that issued 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. Nonetheless, 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 contain 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 give the judgment debtor property notice renders any judgment, except one that dissolves the writ, unenforceable.

Banks as Garnishees for Writs of Garnishment

For delivery of garnishment writs to garnishee banks, the designated address of the registered agent in the financial institution registration statement under Section 201.102 or 201.103 of the Finance Code must be provided. Out-of-state financial institutions must comply with the state’s foreign corporation laws, including appointing an agent for process under Section 201.102, by filing a registration application with the Secretary of State. Texas financial institutions may 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 executing a writ of garnishment must submit a return that meets the citation requirements. The judgment creditor should examine the return before pursuing 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 rejected 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 it is feasible to pursue it, file an Application for Garnishment along with an affidavit signed by the judgment creditor’s attorney. The affidavit should provide crucial information, such as the original suit and judgment details, the garnishee’s name, officers for service, and address for service, as well as any available account names and numbers.

Busby and Associates can help you collect your Texas judgment on a contingency basis, which means you pay nothing upfront. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Hardeman County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.