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

Collecting a judgment in Haskell County, Texas can be a daunting task, but with Busby & Associates by your side, you can rest assured that your legal needs will be met. Our 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 Haskell 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 Haskell County

All nonexempt real property of a judgment debtor in Haskell County can be subject to a lien if a judgment lien is properly fixed. To establish a judgment lien, an abstract of judgment must be accurately recorded and indexed, and filed in each county where the lien is to be fixed. The lien remains in effect for up to ten years from the date of recordation and indexing, unless the judgment becomes dormant. It’s important to note that the underlying judgment must be final, and not interlocutory, and an abstract of judgment can be filed even if the judgment is being appealed or a supersedeas bond has been filed. If a judgment creditor has taken the necessary steps to obtain a lien before an appeal, the fact of appeal won’t destroy the effect of such steps in the event of affirmance. These rules apply solely to Texas state trial court judgments, and not to other states or foreign judgments, which require domestication in Texas before a lien can be established.

Texas Abstract of Judgment

Properly abstracting a judgment in Texas necessitates strict adherence to the state’s guidelines. In most courts, the abstract of judgment can be prepared by the judge, justice of the peace, clerk of the court, judgment creditor, agent, attorney, or assignee, except for small claims and justice courts where the judgment creditor cannot prepare their own abstract. It is important to note that abstracts of federal court judgments require certification from the clerk of the court. If you want to abstract your judgment lien in Haskell County, Texas, you can visit the County Clerk’s office at Ave D # 2, Haskell, Texas 79521.

Contents

If you’re preparing a Texas abstract of judgment, there are specific details you need to include to ensure its validity. The document must contain the plaintiff and defendant’s names, 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. It 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 assessed, and the abstract must be verified by the creditor’s attorney.

Recordation of Judgment Liens Abstract

It is a legal obligation to register the abstract of judgment in Haskell County when the debtor has real property there. The Haskell County clerk receives the abstract and enters it in the county’s real property records, specifying the date and time of entry. The clerk must also 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 to the same extent as judgments filed in the originating court. The foreign judgment holder must comply with the lien requirements to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

Haskell County is where the judgment lien applies to all nonexempt real property owned by the defendant and registered in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

After recording and indexing an abstract, a judgment lien lasts for ten years, but it becomes dormant if no writ of execution is issued within that time, causing the lien to expire. Thus, it is crucial to keep the judgment active and record a new abstract of judgment to maintain the lien. A dormant judgment can be revived through scire facias or an action of debt filed within two years of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments does not expire and remains in effect for the entire duration of the lien. An abstract of judgment that has been properly filed can create a lien 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.

The revival statute, Civ. Prac. & Rem. Code § 31.006, empowers political subdivisions to revive judgments that have become dormant under dormancy statutes. As a result, the political subdivision is not restricted by the statute of limitations and can revive 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 irrespective of their date of rendering.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution has the power to take the judgment debtor’s property, provided that it is not exempted by the constitution, statute, or any other legal rule. Typically, the following types of property are 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 protected property.

2.      Property Exempt from Execution.

Execution cannot be carried out on properties falling under the following categories, regardless of whether they belong to a family or a single adult: a) Homestead, b) Personal property in various categories stated by law, up to the total market value of $100,000.00 for a family or $50,000.00 for an individual not belonging to a family, c) Current wages for personal services (excluding child support payments) and unpaid commissions for personal services, not exceeding 25% of the $50/$100,000 aggregate limitations, d) Health aids prescribed professionally, e) Worker’s compensation payments, f) Cemetery lots for sepulcher, g) Assets sold, mortgaged or transferred in trust by the debtor, provided that the purchaser, mortgagee or trustee identifies other property belonging to the debtor that is sufficient to satisfy the execution, h) Assets in the hands of a trustee of a spendthrift trust benefiting the debtor, i) Specific insurance benefits, and j) Certain savings plans, including retirement benefits and health savings plans, k) College savings plans, and l) Specific consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment is a legal process that allows a judgment creditor to examine 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, mandating the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

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 swear that, based on their knowledge, the judgment debtor does not hold sufficient property subject to execution in Texas to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that when filing for post-judgment garnishment, it is a separate legal proceeding from the main case it seeks 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 for collection, but with a different cause number.

Service of the writ of garnishment/notice to judgment debtor.

The garnishment process begins with the service of the writ of garnishment on the garnishee, and the judgment defendant is not a necessary participant. 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. Failure to provide the judgment debtor with property notice renders any judgment, except for one that dissolves the writ, invalid.

Banks as Garnishees for Writs of Garnishment

The delivery of garnishment writs to garnishee banks necessitates the utilization of the address designated as the registered agent of the financial institution in its registration statement under Section 201.102 or 201.103 of the Finance Code. To comply with the state’s foreign corporation laws, out-of-state financial institutions must file an application for registration with the Secretary of State, including the designation of an agent for process under Section 201.102. Texas financial institutions have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

According to Tex. R. Civ. P. 663, the officer who executes a writ of garnishment must provide a return that meets the citation requirements. It is advisable for the judgment creditor to 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 specify the method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

Once you identify a bank account or another debt owed by the judgment debtor that can be garnished and it is financially advantageous to do so, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain relevant information, such as the original suit and judgment details, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Recovering a judgment in Texas can be difficult, but Busby and Associates can help you 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 Haskell County, they can help you garnish a bank account or financial institution to recover the amount owed.