Texas Writs of Garnishment to Collect Judgment Liens from Hemphill County, Texas
Don’t let a challenging judgment collection in Hemphill County, Texas discourage you. Busby & Associates is here to provide 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. Contact us today to schedule a consultation and learn how we can help you collect what you are owed.
Texas Judgment liens in Hemphill County
If a judgment debtor owns nonexempt real property in Hemphill County, a properly fixed judgment lien can act as a lien on all of it. The creation of a judgment lien requires the correct recording and indexing of an abstract of judgment, which must be filed in each county where the lien is sought 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. However, the judgment on which the lien is based must be final, not interlocutory. If a judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed on a final judgment. If a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the effect of such steps will not be destroyed in the event of affirmance. These rules apply to Texas state trial court judgments and not to the enforcement of other states and foreign judgments, for which domestication in Texas is required before a lien can be created and an abstract can be filed.
Texas Abstract of Judgment
Abstracting a judgment in Texas requires strict adherence to the state’s guidelines. Generally, 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, with the exception of small claims and justice courts where the judgment creditor is not allowed to prepare their own abstract. Remember that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Hemphill County, Texas, you can visit the County Clerk’s office at 400 W Main St # 203, Canadian, Texas 79014.
A Texas abstract of judgment is a legal document that must contain specific details to be valid. These details include the names of the plaintiff and defendant, the defendant’s birthdate (if available to the clerk of justice), 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, the document must show the date the judgment was rendered, the amount for which it was rendered, and any balance due, including child support arrearages, as well as the interest rate specified in the judgment. Finally, the abstract must include the mailing address of each plaintiff or judgment creditor, and it must be verified by the creditor’s attorney to be considered valid.
Recordation of Judgment Liens Abstract
If the debtor has real estate in Hemphill County, it is mandatory to record the abstract of judgment there. The Hemphill County clerk receives the abstract and enters it in the county’s real estate records, indicating the date and time of entry. The clerk must also include the abstract in the alphabetical index to the real estate 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 provide foreign judgments with the same enforceability as judgments filed in the originating court. The foreign judgment holder must fulfill the lien requirements when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and recorded in Hemphill County is encumbered by the judgment lien, which is enforceable in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
If you want to maintain a judgment lien, you need to keep the judgment active and record a new abstract of judgment because the lien expires ten years after recording and indexing an abstract. However, if a writ of execution is not issued within that period, the judgment becomes dormant, and the lien ends. You can revive a dormant judgment through scire facias or an action of debt filed within two years of dormancy.
2. State or State Agency Judgments.
State or state agency judgments remain enforceable and do not become dormant, and an abstract of judgment that is filed properly creates a lien that lasts for 20 years from the filing date. The lien 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 revival statute, Civ. Prac. & Rem. Code § 31.006, enables political subdivisions to revive the judgment at any time. Thus, 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.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code makes an exception for judgments related to child support from the dormancy statute, covering all such judgments regardless of when they were made.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless specifically exempted by law, the execution may take possession of the judgment debtor’s property. 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 such as stamps, coins, etc.; d. Investments like stocks, bonds, or notes; e. f. Airplanes. Corporations have no protected property.
2. Property Exempt from Execution.
Execution cannot be carried out on properties in the following categories, whether they belong to a family or a single adult: a) The homestead, b) Personal property belonging to various categories, as 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 a member of a family, c) Current wages for personal service, except for child support payments, and unpaid commissions for personal services, not exceeding 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 sold, mortgaged, or conveyed in trust by the debtor, if the purchaser, mortgagee, or trustee points out other property of the debtor that is enough to fulfill the execution, h) Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor, i) Specific insurance benefits, j) Certain savings plans, including retirement benefits and health savings plans, k) College savings plans, and l) Specific consigned artwork.
WRITS OF GARNISHMENT.
A judgment creditor can utilize the post-judgment garnishment process to investigate whether a third party has any outstanding debts or property owed to the judgment debtor. Upon discovering any debts, 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 after a judgment is dependent on several conditions. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, with the judgment being deemed 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 enough property subject to execution in Texas to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to keep in mind that a post-judgment garnishment action is a distinct legal proceeding from the main case it aims to enforce. The third-party garnishee should be identified as the defendant since it is an ancillary lawsuit. It should be filed in the same court that issued the judgment for recovery, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In the garnishment process, the garnishee is served with the writ of garnishment, and the judgment defendant is not required to participate. Nevertheless, 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 give the judgment debtor property notice makes any judgment, except one that dissolves the writ, ineffective.
Banks as Garnishees for Writs of Garnishment
For proper delivery of garnishment writs to garnishee banks, 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 must be used. Out-of-state financial institutions are required to file an application for registration with the Secretary of State and follow the state’s foreign corporation laws, including the designation of an agent for process under Section 201.102. Texas financial institutions, however, have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
In compliance with Tex. R. Civ. P. 663, the officer in charge of executing a writ of garnishment must file a return that adheres to the citation requirements. The judgment creditor must 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 invalidated returns that do not state the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Upon locating a bank account or other debt owed by the judgment debtor that can be garnished and is financially feasible, file an Application for Garnishment supported by an affidavit signed by the judgment creditor’s attorney. The affidavit must contain crucial 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.
Let Busby and Associates help you with their contingency-based services to collect 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 Hemphill County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.