Texas Writs of Garnishment to Collect Judgment Liens from Irion County, Texas
If you need assistance collecting a judgment in Irion County, Texas, Busby & Associates is here to help. 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 Irion 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 Irion County
If an abstract of judgment is properly recorded and indexed, a judgment lien can be established, which affects all nonexempt real property of the judgment debtor in Irion County. The abstract of judgment must be filed in each county where the judgment lien is being established. The lien remains in effect 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, 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
The state of Texas permits several parties to prepare an abstract of judgment for judgments rendered in all but small claims and justice courts. These parties include the judge, justice of the peace, clerk of the court, judgment creditor, and their agent, attorney, or assignee. However, the judgment creditor is not permitted to prepare their own abstract for small claims and justice courts. It’s worth noting that abstracts of federal court judgments necessitate the certificate of the clerk of the court. In Irion County, Texas, the County Clerk’s office at 209 N Park View St, Mertzon, Texas 76941, is where you can obtain an abstract of judgment lien.
The state of Texas requires certain information to be included in an abstract of judgment. This includes 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 applicable. Additionally, the interest rate specified in the judgment must be included. The abstract of judgment must be verified, and each plaintiff or judgment creditor’s mailing address must be provided, or a penalty fee will be charged.
Recordation of Judgment Liens Abstract
When the debtor has real property in Irion County, it is mandatory to record the abstract of judgment there. The abstract is submitted to the Irion County clerk, who records it in the county’s real property records and records the date and time of entry. The clerk must also include 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that foreign judgments are enforceable in Texas to the same degree as judgments filed in the originating court. The foreign judgment holder must satisfy the lien requirements when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien is effective on all nonexempt real property owned by the defendant and located in Irion County, as recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To keep a judgment lien active, the judgment must remain active, and a new abstract of judgment must be recorded. 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.
The enforceability of state or state agency judgments remains effective and does not lapse. An abstract of judgment that has been filed correctly creates a lien that lasts for 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.
While dormancy statutes can cause political subdivisions’ judgments to go inactive, the revival statute, Civ. Prac. & Rem. Code § 31.006, grants political subdivisions the power to revive the judgment at any time. 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 provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s assets may be subject to seizure by the execution, provided that they are not exempted by the constitution, statute, or any other legal rule. The following categories of property are generally 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.
Assets belonging to the following categories are exempt from execution, whether for an individual or a family: a) The homestead b) Personal property of various types stated by statute, up to 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 (except for payment of child support) and unpaid commissions for personal services, not exceeding twenty-five percent (25%) of the $50/$100,000 aggregate limits. d) Health aids that are professionally prescribed. e) Worker’s compensation payments. f) Cemetery lots held for sepulcher purposes. g) Property that the judgment debtor has sold, mortgaged, or transferred in trust if the purchaser, mortgagee, or trustee identifies other assets 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) Specific savings plans such as retirement benefits and health savings plans. k) College savings plans. l) Certain artwork that has been consigned.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal remedy available to a judgment creditor to investigate the relationship between a third party and the judgment debtor for any outstanding debts or property owed. If any debts are identified, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
Before garnishment can be employed after a judgment, specific requirements must be satisfied. 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 confirm that, based on their knowledge, the judgment debtor does not possess enough property in Texas subject to execution to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s important to note 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 additional lawsuit. It should be submitted in the same court that issued the judgment to be collected, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To begin the garnishment process, the garnishee must be served with the writ of garnishment, and the judgment defendant is not considered an indispensable 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 include 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 not enforceable if the judgment debtor does not receive property notice.
Banks as Garnishees for Writs of Garnishment
Proper delivery of garnishment writs to garnishee banks requires the use of the registered agent address specified in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must submit 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.
The officer who executes a writ of garnishment must submit a return that conforms to the citation regulations, as stated in Tex. R. Civ. P. 663. The judgment creditor should review the return closely before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the same rules as citations in general. Courts have rejected returns that do not reveal the manner and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Upon discovering a bank account or other debt owed by the judgment debtor that can be garnished and it is determined to be cost-effective, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit must include pertinent 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.
Let Busby and Associates help you collect your Texas judgment 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 Irion County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.