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

Collecting a judgment in Jack County, Texas can be challenging, but Busby & Associates is here to provide the legal support 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. Contact us today to schedule a consultation and learn how we can help you collect what you are owed.

Texas Judgment liens in Jack County

The judgment creditor can create a judgment lien on all nonexempt real property of the judgment debtor in Jack County by properly fixing the lien, which is established by recording and indexing an abstract of judgment. The abstract of judgment must be filed in every county where the judgment lien is being requested. The lien continues to be 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

In Texas, those with a judgment rendered in all but small claims and justice courts can have their abstract of judgment prepared by the judge, justice of the peace, clerk of the court, judgment creditor, or their agent, attorney, or assignee. However, judgment creditors are not permitted to prepare their own abstracts for small claims and justice courts. It should be noted that abstracts of federal court judgments necessitate the certificate of the clerk of the court. In Jack County, Texas, the abstract of judgment lien can be obtained from the County Clerk’s office, located at 100 S Main St # 208, Jacksboro, Texas 76458.

Contents

An abstract of judgment in Texas must contain specific details, including the plaintiff and defendant’s names, 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. The interest rate specified in the judgment must also be included. The abstract of judgment must be verified, and the mailing address of each plaintiff or judgment creditor must be provided, or a penalty fee will be imposed.

Recordation of Judgment Liens Abstract

To ensure the proper execution of the judgment, it is necessary to record the abstract of judgment in Jack County where the debtor holds real property. The Jack County clerk records the abstract in the county’s real property records and specifies the date and time of documentation. The clerk must also 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.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act grant foreign judgments with equal enforceability as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must adhere to the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant in Jack County is encumbered by the judgment lien, which takes effect 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 recording and indexing an abstract unless the judgment remains active. If the judgment becomes dormant, the lien ends, but 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.

State or state agency judgments do not become dormant and remain enforceable throughout the entire lifespan of the lien. An abstract of judgment that has been filed correctly establishes a lien that lasts for 20 years from the date of filing, and the lien’s duration can be extended for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes can lead to political subdivisions’ judgments becoming inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, empowers political subdivisions to revive the judgment at any time. Consequently, the political subdivision is not precluded by the statute of limitations and can revive the judgment beyond the two-year dormancy period.

4.      Child Support Judgments.

• 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments of child support, covering all such judgments, whether they were recently made or issued in the past.

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. 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 process to determine 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, requiring the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

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

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action 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 ancillary lawsuit. It should be filed in the same court that delivered the judgment for recovery, but under a different cause number.

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

The garnishment process starts with the service of the writ of garnishment on the garnishee, and the judgment defendant is not a required party. However, 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, is void if the judgment debtor does not receive property notice.

Banks as Garnishees for Writs of Garnishment

For effective delivery of garnishment writs to 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 must be used. 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, including the appointment 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.

Pursuant to Tex. R. Civ. P. 663, the officer who executes a writ of garnishment must provide a return that meets the citation requirements. It is recommended for the judgment creditor to examine the return closely before pursuing a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must follow the same regulations as citations in general. Courts have invalidated returns that do not indicate the method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

If you locate a bank account or other debt owed by the judgment debtor that can be garnished and it is financially reasonable, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include important 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.

Having trouble collecting a judgment in Texas? Busby and Associates can help with their contingency-based services, so you don’t have to pay anything upfront. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Jack County, they can help you garnish a bank account or financial institution to recover the amount owed.