Texas Writs of Garnishment to Collect Judgment Liens from Hartley County, Texas
If you are struggling to collect a judgment in Hartley County, Texas, Busby & Associates is here to provide you with the legal support you need. 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 Hartley 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 Hartley County
When a judgment lien is properly fixed, it becomes a lien on all nonexempt real property of the judgment debtor in Hartley County. The creation of a judgment lien requires the accurate recording and indexing of an abstract of judgment, which must be filed in each county where the lien is to be fixed. The lien remains in effect for ten years from the date of recordation and indexing, as long as the judgment does not become dormant. It’s important to note that the underlying judgment must be final, not interlocutory, and an abstract of judgment can be filed on a final judgment even if it’s being appealed or a supersedeas bond has been filed. If a judgment creditor has taken the necessary steps to establish a lien before an appeal, the effect of such steps won’t be destroyed in the event of affirmance. These rules apply only to Texas state trial court judgments, and not to the enforcement of judgments from other states or foreign countries, which must be domesticated in Texas before a lien can be established.
Texas Abstract of Judgment
Abstracting a judgment in Texas requires strict adherence to the state’s guidelines. 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. Keep in mind that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Hartley County, Texas, you can go to the County Clerk’s office at 900 Main St, Channing, Texas 79018.
A Texas abstract of judgment is a legal document that must contain specific information to be considered valid. The required details include the names of the plaintiff and defendant, the defendant’s birthdate (if known), the last three digits of their driver’s license and social security numbers (if available), the suit number, and the defendant’s address or the nature of citation and the date and place of service of citation. Additionally, it should show the date the judgment was rendered, the amount for which it was rendered, and any balance due, including child support arrearages. The document must also indicate the interest rate specified in the judgment and include the mailing address of each plaintiff or judgment creditor. If the address is missing, a penalty filing fee will be charged, and the abstract must be verified by the creditor’s attorney.
Recordation of Judgment Liens Abstract
To execute the judgment, the abstract of judgment must be documented in Hartley County if the debtor has real property there. The Hartley 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 confer on foreign judgments the same enforceability as local judgments. To domesticate a foreign judgment in Texas, the foreign judgment holder must meet the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Hartley County is affected by the judgment lien, which is attached to all properties recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
A judgment lien endures for ten years after the recording and indexing of an abstract, but it becomes dormant if no writ of execution is issued within that time, resulting in the termination of the lien. As a result, it is important to maintain the judgment and record a new abstract of judgment to preserve the lien. A dormant judgment can be revived by scire facias or an action of debt within two years of dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become unenforceable and remain effective for the lien’s entire duration. A properly filed abstract of judgment can establish a lien that lasts for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Although dormancy statutes can cause judgments of political subdivisions to become inactive, 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 precluded by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were issued.
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 seize the judgment debtor’s property. The following kinds of property are usually not exempted: 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 exempt property.
2. Property Exempt from Execution.
Execution cannot be carried out against the property falling under the following categories, whether for a family or a single adult: a. The homestead b. Personal property falling under 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 part of a family c. Current wages for personal services (except child support payments) and unpaid service fees for personal services not exceeding twenty-five percent (25%) of the $50/$100,000 aggregate limits d. Health aids prescribed by professionals e. Worker’s compensation payments; f. Cemetery plots held for burial purposes g. Property that the judgment debtor sold, mortgaged, or conveyed in trust, as long as the purchaser, mortgagee, or trustee identifies other property of the debtor sufficient to satisfy the execution; h. Assets in the hands of the trustee of a spendthrift trust for the benefit of the judgment debtor i. Specific insurance benefits; and j. Certain savings plans, including retirement benefits and health savings plans k. College Savings Plans l. Certain artwork on consignment.
WRITS OF GARNISHMENT.
A judgment creditor can use the post-judgment garnishment procedure to investigate the relationship between a third party and the judgment debtor for any outstanding debts 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 can only be used under certain circumstances. 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 halt execution on the judgment. Finally, the creditor must attest that, to 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
A post-judgment garnishment action is an independent legal suit from the main case it intends 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 delivered the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment serves as the official notification to the garnishee to withhold funds, and the judgment defendant is not required to participate in the garnishment process. 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 contain the contents of the writ in bold 12-point typeface and in a manner that is easily comprehensible for a reasonably attentive person. Any judgment, except for one that dissolves the writ, is voided if the judgment debtor does not receive property notice.
Banks as Garnishees for Writs of Garnishment
When delivering garnishment writs to garnishee banks, it is necessary to utilize the registered agent address provided in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with the state’s foreign corporation laws, which require the designation of an agent for process under Section 201.102, by filing an application for registration with the Secretary of State. Texas financial institutions, on the other hand, may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The officer in charge of executing a writ of garnishment must submit a return that adheres to the citation criteria outlined in Tex. R. Civ. P. 663. The judgment creditor should carefully review the return before seeking a garnishment judgment, especially in cases of default judgment. Returns in garnishment proceedings must follow the same rules as citations in general. Courts have deemed returns invalid 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 another debt owed by the judgment debtor is located and it is determined that there are enough funds to make it worthwhile, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit must contain important information, including the original suit and judgment details, the garnishee’s name, officers for service, service address, and any available account names and numbers.
If you’ve been struggling to collect a judgment in Texas, Busby and Associates can help with their contingency-based services. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Hartley County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.