Texas Writs of Garnishment to Collect Judgment Liens from Hutchinson County, Texas
Are you struggling to collect a judgment in Hutchinson County, Texas? Busby & Associates is here to provide the legal assistance you need. Our experienced 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 Hutchinson 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 Hutchinson County
The correct recording and indexing of an abstract of judgment can establish a judgment lien, which attaches to all nonexempt real property of the judgment debtor in Hutchinson County. The abstract of judgment must be filed in every county where the judgment lien is to be established. The lien remains valid 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. Nevertheless, 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
When it comes to judgments rendered in all but small claims and justice courts in Texas, the abstract of judgment can be prepared by the judge, justice of the peace, clerk of the court, judgment creditor, or their agent, attorney, or assignee. But for small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Additionally, certificates from the clerk of the court are required for abstracts of federal court judgments. In Hutchinson County, Texas, you can obtain your abstract of judgment lien at the County Clerk’s office at 500 N Main St, Stinnett, Texas 79083.
When filing an abstract of judgment in Texas, the document must include certain information, such as the names of the plaintiff and defendant, the defendant’s birthdate, driver’s license and social security numbers, suit number, address or citation details, judgment date, amount and balance due, and child support arrearage balance, if any. Additionally, the interest rate specified in the judgment must be included. The abstract of judgment must be verified and must include the mailing address of each plaintiff or judgment creditor, or a penalty fee will be imposed.
Recordation of Judgment Liens Abstract
The abstract of judgment should be recorded in Hutchinson County if the debtor owns real property there. The Hutchinson County clerk receives the abstract and records it in the county’s real property records, noting the date and time of documentation. The clerk must also enter the abstract in the alphabetical index to the real property records, displaying the names of the plaintiff and defendant in the judgment and the page number in which 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 the same enforceability as judgments filed in the court of origin. 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
Hutchinson County is the jurisdiction where the judgment lien attaches to all nonexempt real property owned by the defendant and registered in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
If you wish to maintain a judgment lien, you must keep the judgment active and record a new abstract of judgment. The lien lasts for ten years from the date of recording and indexing an abstract, but it becomes dormant if a writ of execution is not issued within that period. 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.
Judgments issued by the state or a state agency do not lose their enforceability and remain valid for the entire lifespan of the lien. An abstract of judgment that has been filed properly establishes a lien that lasts for up to 20 years from the date of filing, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Political subdivisions’ judgments may become inactive due to dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, allows 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.
All child support judgments are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which covers all such judgments regardless of their age.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution has the power to take the judgment debtor’s property, except for the property that is exempted by the constitution, statute, or any other legal rule. In most cases, the following types 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 exempt property.
2. Property Exempt from Execution.
Certain types of property are protected from seizure, whether for a family or a single adult, including: a. The homestead b. Personal property in various categories as defined by statute, up to a total fair market value of $100,000.00 for a family or $50,000.00 for a single adult not belonging to a family c. Current wages for personal services (excluding child support payments) and unpaid personal service commissions, limited to 25% of the aggregate $50/$100,000 limits. d. Professionally recommended health aids e. Workers’ compensation payments f. Cemetery lots reserved for sepulcher purposes g. If the purchaser, mortgagee, or trustee points out other debtor-owned property adequate to satisfy the execution, property sold, mortgaged, or conveyed in trust by the judgment debtor. h. Assets held in a spendthrift trust by the trustee for the judgment debtor’s advantage i. Specific insurance benefits j. Particular savings plans, such as retirement and health savings plans k. College Savings Plans l. Consignment art of a certain kind
WRITS OF GARNISHMENT.
A judgment creditor can utilize the post-judgment garnishment procedure to investigate if a third party owes any 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
Utilizing garnishment after a judgment requires specific conditions to be met. Firstly, the creditor must hold 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, to 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
Remember that a post-judgment garnishment action is a distinct legal proceeding from the main case it intends to enforce. As an ancillary lawsuit, the third-party garnishee should be designated as the defendant. It should be filed in the same court that rendered the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment process starts with serving the writ of garnishment on the garnishee, and the judgment defendant is not an essential 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 renders any judgment, other than one that dissolves the writ, null and void.
Banks as Garnishees for Writs of Garnishment
To ensure proper delivery of garnishment writs to garnishee banks, the address specified 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 used. 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, which require the designation of an agent for process under Section 201.102. Texas financial institutions, however, may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
According to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must file a return that satisfies the citation requirements. The judgment creditor should examine the return thoroughly before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must comply with 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 you come across a bank account or another debt belonging to the judgment debtor that can be garnished and it is financially practical to pursue it, file an Application for Garnishment supported by an affidavit signed by the judgment creditor’s attorney. The affidavit should include crucial information, such as the original suit and judgment information, the garnishee’s name, officers for service, service address, and any available account names and numbers.
Don’t let a difficult judgment collection in Texas get you down. Busby and Associates can help with their contingency-based services, which means you don’t pay anything upfront. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Hutchinson County, they can help you garnish a bank account or financial institution to recover the amount owed.