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

Don’t let a difficult judgment collection in Hopkins County, Texas stress you out. Busby & Associates is here to provide the legal assistance you need. 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 Hopkins 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 Hopkins County

In Hopkins County, fixing a judgment lien correctly is vital as it becomes a lien on all nonexempt real property owned by the judgment debtor. To create a judgment lien, the abstract of judgment must be properly recorded and indexed in each county where the lien is sought to be fixed. The lien remains in effect for ten years from the date of recording and indexing, provided that the judgment does not become dormant. To fix a judgment lien, the underlying judgment must be final, not interlocutory. If the judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed on a final judgment. If the creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the lien remains valid in the event of affirmance. These rules apply only to Texas state trial court judgments, and to enforce judgments from other states and foreign countries, they must first be domesticated in Texas to create a lien and then file an abstract.

Texas Abstract of Judgment

To ensure proper abstracting of a judgment in Texas, it is important to strictly adhere to the state’s guidelines. Usually, 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 Hopkins County, Texas, you can visit the County Clerk’s office at 128 Jefferson St E # C, Sulphur Springs, Texas 75482.

Contents

In Texas, an abstract of judgment must contain specific information in order to be considered valid. 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, any balance due, including child support arrearages, and the interest rate specified in the judgment. The abstract must also include the mailing address of each plaintiff or judgment creditor and must be verified by the creditor’s attorney.

Recordation of Judgment Liens Abstract

If the debtor has real estate in Hopkins County, it is necessary to record the abstract of judgment there. The Hopkins County clerk receives the abstract and records it in the county’s real estate records, specifying the date and time of entry. 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.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act carry the same level of enforceability as judgments filed in the court of origin. The foreign judgment holder must comply with the lien requirements when domesticating the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

Hopkins County is where the judgment lien takes effect on all nonexempt real property owned by the defendant and registered in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To maintain a judgment lien, it is necessary to 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 ceases. To revive a dormant judgment, one must file 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 does not expire and remains effective for the lien’s entire duration. An abstract of judgment that has been properly filed can establish a lien that lasts for up to 20 years from the date of filing, and the lien can be extended for another 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

The revival statute, Civ. Prac. & Rem. Code § 31.006, gives political subdivisions the power to revive judgments that have become inactive under dormancy statutes. As a result, the political subdivision is not barred by the statute of limitations and can revive the judgment beyond the two-year dormancy period.

4.      Child Support Judgments.

All judgments for child support 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 age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The judgment debtor’s property may be taken by the execution, provided that it is not protected by the constitution, statute, or other legal rule. Generally, 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 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.

The following categories of assets are exempt from execution for a family or an individual: a) The homestead b) Personal property of various kinds specified by statute, with a maximum fair market value of $100,000.00 for a family or $50,000.00 for an individual who is not a member of a family. c) Current wages for personal service, excluding child support payments, and unpaid commissions for personal services, which cannot exceed twenty-five percent (25%) of the $50/$100,000 aggregate limits. 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, provided that the purchaser, mortgagee, or trustee identifies other assets of the debtor that are sufficient to pay 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. l) Certain artwork that has been consigned.

WRITS OF GARNISHMENT.

A judgment creditor can use the post-judgment garnishment procedure to determine if a third party owes any outstanding debts or property to the judgment debtor. If any debts are discovered, 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

Certain prerequisites must be met before using garnishment after a judgment. Firstly, the creditor must have 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 suspend execution on the judgment. Finally, the creditor must confirm that, based on their knowledge, the judgment debtor does not hold enough property in Texas subject to execution to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

When pursuing post-judgment garnishment, it’s important to note that it is an independent legal action from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, as it is an additional lawsuit. It should be filed in the same court that issued the judgment to be collected, but under 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 considered an essential participant. 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. Any judgment, except for one that dissolves the writ, becomes ineffective 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 utilizing 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 file an application for registration with the Secretary of State and follow the state’s foreign corporation laws, which mandate the designation of an agent for process under Section 201.102. Texas financial institutions, on the other hand, 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 who executes a writ of garnishment is obligated to file a return that conforms to the citation guidelines as stipulated in Tex. R. Civ. P. 663. It is recommended for the judgment creditor to examine the return carefully before obtaining a garnishment judgment, particularly 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 manner and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

Upon discovering a bank account or another debt belonging to the judgment debtor that can be garnished and is financially advantageous to pursue, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should 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.

If you’re having trouble collecting a judgment in Texas, Busby and Associates can help with their contingency-based services. You only pay if they recover the amount owed. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Hopkins County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.