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Hudspeth County, Sierra Blanca, Texas

Hudspeth County

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


If you’re facing challenges collecting a judgment in Hudspeth County, Texas, don’t hesitate to reach out to Busby & Associates. Our experienced 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 Hudspeth 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 Hudspeth County

The judgment creditor can establish a lien on all nonexempt real property of the judgment debtor in Hudspeth County by properly fixing a judgment lien, which is created by correctly recording and indexing an abstract of judgment. The abstract of judgment must be filed in every county where the judgment lien is to be created. The lien remains in force for ten years from the date of recordation and indexing, as long as the judgment does not become dormant. The judgment on which the lien is based must be final, not interlocutory. However, if the judgment is being appealed or a supersedeas bond has been submitted, an abstract can be filed on a final judgment.

Texas Abstract of Judgment

In Texas, properly abstracting a judgment 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 permitted to prepare their own abstract. Note that abstracts of federal court judgments require certification from the clerk of the court. To abstract your judgment lien in Hudspeth County, Texas, you can visit the County Clerk’s office at 109 Millican St, Sierra Blanca, Texas 79851.


A Texas abstract of judgment must include specific details to be considered valid, including 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. In addition, the abstract must include the mailing address of each plaintiff or judgment creditor and must be verified by the creditor’s attorney.



Recordation of Judgment Liens Abstract

To ensure the judgment is executed, the abstract of judgment must be recorded in Hudspeth County where the debtor has real property. The abstract is filed with the Hudspeth County clerk, who records it in the county’s real property records and notes the date and time of documentation. Moreover, the clerk must include the abstract in the alphabetical index to the real property records, listing the names of both the plaintiff and defendant and the page number where the abstract is located.

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 in the same manner as judgments filed in the originating court. The foreign judgment holder must satisfy the lien requirements to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant and recorded in Hudspeth County is subject to the judgment lien, which is recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To preserve a judgment lien, it is necessary to keep the judgment active and record a new abstract of judgment because the lien remains valid for 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 expires. A dormant judgment can be revived by scire facias or by an action of debt filed within two years of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains in effect and does not go dormant. An abstract of judgment that has been properly filed can create a lien that lasts 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, resulting in a total lien duration of 40 years.

3.      Political Subdivisions.

Although judgments of political subdivisions may go dormant under dormancy statutes, the political subdivision can revive the judgment at any time using the revival statute, Civ. Prac. & Rem. Code § 31.006. Thus, the political subdivision is not barred by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.

4.      Child Support Judgments.

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


Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The judgment debtor’s assets can be seized by the execution, provided that they are not exempted by the constitution, statute, or any other legal rule. Generally, 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.

The law protects certain categories of property from execution, regardless of whether the debtor is a family or a single adult. These categories include: a. The homestead b. Personal property of various categories specified by law, with a total 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 services (excluding child support payments) and unpaid commissions for personal services, not exceeding 25% of the aggregate limitations of $50,000 or $100,000. d. Professionally prescribed health aids. e. Worker’s compensation payments. f. Cemetery lots used for sepulcher purposes. g. Property that the debtor has sold, mortgaged, or conveyed in trust, provided that the purchaser, mortgagee, or trustee can identify other assets belonging to the debtor that are sufficient to satisfy the execution. h. Assets held by the trustee of a spendthrift trust for the debtor’s benefit. i. Certain insurance benefits. j. Certain savings plans, including retirement benefits and health savings plans. k. College savings plans. l. Certain consigned artwork.

Hudspeth County


The post-judgment garnishment procedure is a legal mechanism available to a judgment creditor to investigate if a third party owes any outstanding debts or property to the judgment debtor. If any debts are found, 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

Certain conditions must be fulfilled before garnishment can be utilized after a judgment. 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 suspend execution on the judgment. Finally, the creditor must attest that, based on their knowledge, the judgment debtor does not have sufficient property subject to execution in Texas to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It’s essential to recognize that a post-judgment garnishment action is an independent legal suit from the main case it intends to enforce. The third-party garnishee should be named as the defendant, as it is an ancillary lawsuit. It should be submitted in the same court that rendered the judgment to be collected, but with a different cause number.


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

To initiate the garnishment process, the garnishee must be served with the writ of garnishment, and the judgment defendant is not a necessary party. However, the defendant must be served with 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 include 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 results in any judgment, other than one that dissolves the writ, being invalid.

Banks as Garnishees for Writs of Garnishment

The registered agent address specified in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code must be used to deliver garnishment writs to garnishee banks. Out-of-state financial institutions must file an application for registration with the Secretary of State and comply with the state’s foreign corporation laws, including the designation of an agent for process under Section 201.102. In contrast, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

The officer responsible for executing a writ of garnishment must file a return that satisfies the citation requirements as specified in Tex. R. Civ. P. 663. The judgment creditor should carefully examine the return before pursuing a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have dismissed returns that fail to indicate 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 it is determined that it is cost-effective to pursue, submit an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain necessary 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.

Need help collecting a judgment in Texas? Busby and Associates can assist you with their contingency-based services, which means 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 Hudspeth County, they can help you garnish a bank account or financial institution to recover the amount owed.



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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.