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

If you’re facing challenges collecting a judgment in Hockley County, Texas, Busby & Associates can help. Our 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 Hockley 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 Hockley County

Properly securing a judgment lien allows it to act as a lien on all nonexempt real property in Hockley County that belongs to the judgment debtor. The creation of a judgment lien requires the recording and indexing of an abstract of judgment, which must be filed in every county where the lien is being established. If the judgment remains active and does not become dormant, the lien remains valid for ten years from the date of recording and indexing. To establish a judgment lien, the judgment on which it is based must be final, not interlocutory. In the event of an appeal or a supersedeas bond, an abstract can be filed on a final judgment. If a creditor has established a lien before an appeal, the steps taken will not be negated if the judgment is ultimately affirmed. These guidelines apply to Texas state trial court judgments exclusively and do not apply to judgments from other states or foreign jurisdictions. To create a lien on such a judgment, it must be domesticated in Texas, and an abstract may be filed thereafter.

Texas Abstract of Judgment

To abstract a judgment in Texas, strict adherence to the state’s guidelines is necessary. 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 is not permitted 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 Hockley County, Texas, you can visit the County Clerk’s office at 802 Houston St # 213, Levelland, Texas 79336.

Contents

When preparing a Texas abstract of judgment, certain details must be included to make it 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. The document must also show the date the judgment was rendered, the amount for which it was rendered, any balance due, including child support arrearages, and the interest rate specified in the judgment. Additionally, the abstract must include the mailing address of each plaintiff or judgment creditor and must be verified by the creditor’s attorney to be considered valid.

Recordation of Judgment Liens Abstract

If the debtor possesses real estate in Hockley County, it is essential to register the abstract of judgment there. The Hockley County clerk receives the abstract and records it in the county’s real estate records, specifying the date and time of documentation. Furthermore, the clerk must include the abstract in the alphabetical index to the real estate records, displaying the names of both the plaintiff and defendant and the page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced as if they were judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must fulfill the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

Hockley County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

After recording and indexing an abstract, a judgment lien remains valid for ten years, but it becomes dormant if a writ of execution is not issued within that period, resulting in the termination of the lien. Therefore, it is essential to keep the judgment active and record a new abstract of judgment to maintain the lien. 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.

The enforceability of state or state agency judgments remains effective and does not go dormant, and a properly filed abstract of judgment creates a lien that lasts for 20 years from the date of filing. The lien can be extended for another 20 years by filing a renewed abstract of judgment, resulting in a lien duration of up to 40 years.

3.      Political Subdivisions.

Dormancy statutes may cause judgments of political subdivisions to go dormant, but the revival statute, Civ. Prac. & Rem. Code § 31.006, authorizes political subdivisions to revive the judgment at any time. Therefore, 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.

The exception to the dormancy statute for child support judgments is provided in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies to all such judgments, irrespective of their date of rendering or issuance.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution may confiscate the judgment debtor’s property, provided that it is not exempted by the constitution, statute, or any other legal rule. Typically, the following categories 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.

There are certain categories of property that are exempt from execution, whether for a family or a single adult. These categories include: 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 (except for payment of child support) and unpaid commissions for personal services not to exceed twenty-five percent (25%) of the $50/$100,000 aggregate limitations, d) professionally prescribed health aids, e) worker’s compensation payments, f) cemetery lots held for purposes of sepulcher, g) property that the judgment debtor sold, mortgaged, or conveyed in trust 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.

If a judgment creditor suspects that a third party owes any debts or property to the judgment debtor, they can use the post-judgment garnishment process to investigate. Upon discovering any debts, 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

The application of garnishment after a judgment is subject to specific terms. 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 attest 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 distinct legal action from the main case it aims to enforce. The third-party garnishee should be named as the defendant, as it is an additional lawsuit. It should be filed in the same court that delivered the judgment for recovery, but with a different cause number.

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

A writ of garnishment initiates the garnishment process, with the garnishee being served and the judgment defendant not being 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, is nullified if the judgment debtor does not receive property notice.

Banks as Garnishees for Writs of Garnishment

To effectuate the 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 utilized. Out-of-state financial institutions are required to file an application for registration with the Secretary of State, adhering to the state’s foreign corporation laws, which necessitate 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.

Officer’s Return.

The officer tasked with executing a writ of garnishment must file a return that complies with the citation requirements set forth in Tex. R. Civ. P. 663. It is crucial for the judgment creditor to thoroughly examine the return before seeking a garnishment judgment, especially in cases of default judgment. Returns in garnishment proceedings are subject to 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

When you come across a bank account or another debt of the judgment debtor that can be garnished and it is financially feasible, file an Application for Garnishment accompanied by a supporting affidavit signed by the judgment creditor’s attorney. The affidavit must include pertinent details, such as the original suit and judgment information, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Busby and Associates can help you collect your Texas judgment without any upfront fees 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 Hockley County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.