Texas Writs of Garnishment to Collect Judgment Liens from Henderson County, Texas
Busby & Associates is committed to helping clients collect judgments in Henderson County, Texas. Our skilled attorneys are skilled in defending, collecting, and enforcing judgments, with a focus on garnishment of bank accounts and financial institutions. We also provide 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 Henderson 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 Henderson County
Nonexempt real property owned by a judgment debtor in Henderson County can be subject to a properly fixed judgment lien. The creation of a judgment lien involves the correct recording and indexing of an abstract of judgment, which must be filed in every county where the lien is sought to be fixed. The lien continues for ten years from the date of recordation and indexing, provided the judgment does not become dormant. However, the judgment must be final, not interlocutory. In case of an appeal or the filing of a supersedeas bond, an abstract can still be filed on a final judgment. The effect of necessary steps taken by a judgment creditor to obtain a lien before an appeal will not be nullified if the appeal is affirmed. These rules apply only to Texas state trial court judgments and not to other states or foreign judgments, which require domestication in Texas prior to the creation of a lien and the filing of an abstract.
Texas Abstract of Judgment
Following the state’s guidelines is essential when it comes to abstracting a judgment in Texas. 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, except for small claims and justice courts where the judgment creditor cannot prepare their own abstract. It’s important to keep in mind that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Henderson County, Texas, you can go to the County Clerk’s office at 125 N Prairieville St # 101, Athens, Texas 75751.
To prepare a valid Texas abstract of judgment, certain information must be included. This information includes 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. The abstract must also include the interest rate specified in the judgment and the mailing address of each plaintiff or judgment creditor. Finally, the abstract must be verified by the creditor’s attorney to be considered valid.
Recordation of Judgment Liens Abstract
To fulfill the judgment, it is necessary to register the abstract of judgment in Henderson County if the debtor has real property there. The Henderson County clerk receives the abstract and records it in the county’s real property records, specifying the date and time of documentation. Furthermore, 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.
Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act have equal enforceability as judgments filed in the court of origin. To domesticate a foreign judgment in Texas, the foreign judgment holder must satisfy the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
Henderson County is where the judgment lien takes effect on all nonexempt real property owned by the defendant and recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To ensure a judgment lien’s validity, you must keep the judgment active and record a new abstract of judgment because the lien expires ten years after the abstract is recorded and indexed. However, if a writ of execution is not issued within that time, the judgment becomes dormant, and the lien terminates. You can revive a dormant judgment by filing a scire facias or an action of debt within two years of dormancy.
2. State or State Agency Judgments.
Judgments made by the state or a state agency do not go dormant and retain their enforceability 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 renewed for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes may cause judgments of political subdivisions to become inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, grants political subdivisions the power to revive the judgment at any time. Hence, the political subdivision is not restricted by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.
4. Child Support Judgments.
All child support judgments are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to 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 authority to seize the judgment debtor’s property, unless it is protected by the constitution, statute, or any other legal rule. In most cases, the following categories of property are not protected: 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 exempt property.
2. Property Exempt from Execution.
The following categories of property are exempt from execution, whether for a family or a single adult: a) the homestead, b) personal property of various categories specified by statute, up to the 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 (excluding payment of child support) 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 judgment debtor if the purchaser, mortgagee, or trustee points out 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) 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 tool available to a judgment creditor to investigate if a third party owes any funds or property to the judgment debtor. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
Following a judgment, garnishment may only be employed if certain criteria are met. Firstly, the creditor must have 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, to their knowledge, the judgment debtor does not possess enough property subject to execution in Texas to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that when pursuing post-judgment garnishment, it is a separate legal action from the main case it intends to enforce. The third-party garnishee should be named as the defendant since it is an additional lawsuit. It should be submitted in the same court that delivered the judgment for collection, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
When a writ of garnishment is served on the garnishee, the garnishment process starts, and the judgment defendant is not a necessary party. 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, becomes void if the judgment debtor does not receive property notice.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to garnishee banks requires the use of 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, including 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 responsible for executing a writ of garnishment must submit a return that complies with the citation guidelines as outlined in Tex. R. Civ. P. 663. It is essential for the judgment creditor to inspect the return before pursuing a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings must adhere to the same regulations as citations in general. Courts have dismissed returns that do not specify the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
When a bank account or another debt of the judgment debtor is identified and it is deemed cost-effective to pursue it, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit must include 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.
If you’re struggling to collect a judgment in Texas, Busby and Associates can help you recover the amount owed 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 Henderson County, they can help you garnish a bank account or financial institution to recover the amount owed.