Texas Writs of Garnishment to Collect Judgment Liens from Jackson County, Texas
At Busby & Associates, we understand how difficult it can be to collect a judgment in Jackson County, Texas. That’s why 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 Jackson 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 Jackson County
Recording and indexing an abstract of judgment in Jackson County is crucial for creating a judgment lien on all nonexempt real property of the judgment debtor. If the lien is properly fixed, it can last up to ten years, provided that the judgment remains active. It’s important to note that only final judgments, not interlocutory ones, are eligible for abstract filing. If the creditor has already established the lien before the debtor appeals the judgment, the appeal won’t nullify the lien in the event of an affirmance. These rules only apply to state trial court judgments in Texas, not to judgments from other states or countries. If you wish to create a lien on such judgments, you must first domesticate them in Texas and then file an abstract if applicable.
Texas Abstract of Judgment
The abstract of judgment for judgments rendered in all but small claims and justice courts in Texas can be prepared by various individuals, including 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 important to keep in mind that abstracts of federal court judgments necessitate the certificate of the clerk of the court. If you’re in Jackson County, Texas, you can obtain your abstract of judgment lien at the County Clerk’s office at 115 W Main St # 101, Edna, Texas 77957.
If you’re filing an abstract of judgment in Texas, you must ensure that it contains 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 any. 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
The abstract of judgment must be recorded in Jackson County when the debtor has real property there. The Jackson County clerk is responsible for documenting the abstract in the county’s real property records and noting the date and time of entry. Furthermore, 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 recorded.
Abstracts of Domesticated Judgment Liens.
Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments are enforceable in Texas in the same manner as judgments filed in the originating court. The foreign judgment holder must meet the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Jackson County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The duration of a judgment lien is 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. 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.
Judgments made by the state or a state agency remain effective and do not become dormant, and a properly filed abstract of judgment creates a lien that lasts for 20 years from the date of filing. The lien’s duration can be renewed for another 20 years by filing a renewed abstract of judgment, ensuring its validity for a total of 40 years.
3. Political Subdivisions.
Political subdivisions’ judgments may become dormant under 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.
The exception to the dormancy statute for child support judgments is outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies to all such judgments, irrespective of their date of rendering or issuance.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution has the authority to seize the judgment debtor’s property, except for property that is exempted by the constitution, statute, or any other legal rule. Usually, 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.
Property belonging to the following categories is immune from execution for a family or an individual: a) The homestead b) Personal property of various types defined 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 services, excluding child support payments, and unpaid commissions for personal services, not exceeding twenty-five percent (25%) of the $50/$100,000 aggregate limitations. d) Health aids prescribed by a professional. 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, provided that the purchaser, mortgagee, or trustee identifies other assets of the debtor that are 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) Certain savings plans, including retirement benefits and health savings plans. k) College savings plans. l) Specific artwork that has been consigned.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure provides a mechanism for a judgment creditor to investigate the relationship between a third party and the judgment debtor to determine if any outstanding debts or property are owed. If any debts are discovered, 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
To utilize garnishment after a judgment, specific prerequisites must be met. 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 prevent execution on the judgment. Finally, the creditor must attest that, to their knowledge, the judgment debtor does not have enough property in Texas subject to execution to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that when pursuing post-judgment garnishment, it is a distinct legal proceeding from the main case it intends to enforce. The third-party garnishee should be designated as the defendant since it is an additional lawsuit. It should be filed in the same court that rendered the judgment for collection, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee is the recipient of the writ of garnishment. It is not essential for the defendant in judgment to be involved in the garnishment action. However, the defendant must be given a copy of the writ, affidavit, application, court orders immediately after the writ is served on the garnishee. The defendant must also receive a copy of the writ containing its contents in 12-point typeface in a manner that can be easily understood. Failure to provide the defendant with proper notice of the writ’s content makes any judgment, except the one that dissolves the writ, null and void.
Banks as Garnishees for Writs of Garnishment
Garnishment writs served on garnishee banks must be delivered to the registered agent address of the financial institution specified in its registration statement under Section 201.102 or 201.103 of the Finance Code for proper processing. Out-of-state financial institutions must file an application for registration with the Secretary of State and adhere to the state’s foreign corporation laws, which require the appointment of an agent for process under Section 201.102. Conversely, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
Tex. R. Civ. P. 663 dictates that the officer responsible for executing a writ of garnishment must file a return that satisfies the citation rules. It is crucial for the judgment creditor to carefully inspect the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have dismissed returns that do not reveal the manner and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
When a bank account or other debt owed by the judgment debtor is discovered and it is deemed cost-effective to pursue it, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain necessary 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 judgment in Texas, don’t give up hope. 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 Jackson County, they can help you garnish a bank account or financial institution to recover the amount owed.