Texas Writs of Garnishment to Collect Judgment Liens from Hunt County, Texas
When it comes to collecting a judgment in Hunt County, Texas, Busby & Associates has the legal expertise 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. Contact us today to schedule a consultation and learn how we can help you collect what you are owed.
Texas Judgment liens in Hunt County
Hunt County’s judgment debtor’s nonexempt real estate is secured by a properly fixed judgment lien, which is established by recording and indexing an abstract of judgment. The abstract of judgment must be filed in each county where the judgment lien is being requested. The lien remains in effect for ten years from the date of recordation and indexing, provided the judgment does not become dormant. The judgment on which the lien is based must be final, not interlocutory. However, an abstract can be filed on a final judgment if the judgment is being appealed or a supersedeas bond has been submitted.
Texas Abstract of Judgment
In Texas, the abstract of judgment for judgments rendered in all but small claims and justice courts can be prepared by the judge, justice of the peace, or the clerk of the court, as well as the judgment creditor or their agent, attorney, or assignee. However, the judgment creditor cannot prepare their own abstract for those courts. It’s also important to note that abstracts of federal court judgments require the certificate of the clerk of the court. In Hunt County, Texas, the abstract of judgment lien can be obtained at the County Clerk’s office located at 2507 Lee St, Greenville, Texas 75401.
In Texas, an abstract of judgment should contain the plaintiff and defendant’s names, the defendant’s birthdate, if it’s available, the last three digits of the defendant’s driver’s license and social security numbers if available, the suit number in which the judgment was made, the defendant’s address, or details about the citation, including date and location of service, the date of judgment, the amount and balance due, the child support arrearage balance, if applicable, and the interest rate specified in the judgment. A verified abstract of judgment must include the mailing address for each plaintiff or judgment creditor, and a penalty fee will be charged if not included.
Recordation of Judgment Liens Abstract
If the debtor possesses real property in Hunt County, the abstract of judgment must be recorded there. The Hunt County clerk is responsible for recording the abstract in the county’s real property records and indicating the date and time of recording. In addition, the clerk must include the abstract in the alphabetical index to the real property records, providing the names of both the plaintiff and defendant and the page number where the abstract is stored.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act provide that foreign judgments can be enforced in Texas to the same extent as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Hunt County is affected by the judgment lien, which is enforceable on all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The validity of a judgment lien lasts for ten years from the date of recording and indexing an abstract, but if the judgment becomes dormant, the lien ceases. To maintain the lien, the judgment must remain active, and a new abstract of judgment must be recorded. Dormant judgments can be revived 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 in force and do not become dormant. A properly filed abstract of judgment creates a lien that lasts for 20 years from the date of filing. The lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment, allowing it to remain effective for up to 40 years.
3. Political Subdivisions.
Dormancy statutes may cause judgments of political subdivisions to become inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, provides political subdivisions the power to revive the judgment at any time. As a result, 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 excludes judgments related to child support from the dormancy statute, applying to all such judgments irrespective of their date of rendering.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Execution can seize the judgment debtor’s property, unless it is protected by the constitution, statute, or any other legal rule. The following types of property are usually not protected: a. Cash in hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections like stamps, coins, etc.; d. Investments like stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any protected property.
2. Property Exempt from Execution.
The following categories of property are exempt from execution, regardless of whether the debtor is a family or a single adult: a. The homestead b. Personal property of various categories as 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. Health aids that are prescribed by a professional. e. Worker’s compensation payments. f. Cemetery lots used for sepulcher purposes. g. Property that the debtor has sold, mortgaged, or conveyed to a trustee or purchaser, provided that the latter party can point out other assets of the debtor sufficient to satisfy the execution. h. Assets in a spendthrift trust that are held for the debtor’s benefit by a trustee. i. Certain insurance benefits. j. Certain savings plans, such as retirement benefits and health savings plans. k. College Savings Plans. l. Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment process empowers a judgment creditor to investigate the relationship between a third party and the judgment debtor to determine if any debts or property are owed. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, ordering the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
In order to use garnishment after a judgment, certain criteria must be 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 assert 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
When seeking post-judgment garnishment, it’s important to understand that it is a separate legal action from the main case it aims to enforce. The third-party garnishee should be identified as the defendant since it is an additional lawsuit. It should be filed in the same court that issued the judgment for collection, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment process is initiated by serving the writ of garnishment on the garnishee, and the judgment defendant is not a necessary participant. Nonetheless, 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 unenforceable if the judgment debtor does not receive property notice.
Banks as Garnishees for Writs of Garnishment
When serving garnishment writs on garnishee banks, the registered agent address provided in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code should be utilized for effective delivery. Out-of-state financial institutions must submit an application for registration with the Secretary of State and comply with the state’s foreign corporation laws, which mandate the appointment of an agent for process under Section 201.102. In contrast, Texas financial institutions have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
As per Tex. R. Civ. P. 663, the officer who executes a writ of garnishment is required to produce a return that complies with the citation rules. It is advisable for the judgment creditor to carefully scrutinize the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the same regulations as citations in general. Courts have invalidated returns that do not reveal the manner and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you identify a bank account or other debt owed by the judgment debtor that can be garnished and it is deemed cost-effective, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit must include essential 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.
If you’re struggling to collect a Texas judgment, Busby and Associates can help with their contingency-based services. You don’t pay anything upfront, and they only collect their fee 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 Hunt County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.