Texas Writs of Garnishment to Collect Judgment Liens from Jeff Davis County, Texas
Don’t let a debtor in Jeff Davis County, Texas, get away with not paying a judgment. Busby & Associates can help you collect what you’re owed. Our experienced attorneys are skilled in defending, collecting, and enforcing judgments, including garnishing bank accounts and financial institutions. We also provide legal support for consumer bankruptcy, family law, and divorce, and can assist with both collecting and defending against child support liens. Contact us today to schedule a consultation and start the process of collecting what you’re owed.
Texas Judgment liens in Jeff Davis County
By correctly fixing a judgment lien, it can be attached to all nonexempt real estate owned by the judgment debtor in Jeff Davis County. An abstract of judgment, properly recorded and indexed, establishes a judgment lien, which must be filed in every county where the lien is to be fixed. This lien will remain in effect for ten years from the date of recordation and indexing unless the judgment becomes dormant. The judgment on which the lien is based must be a final judgment rather than an interlocutory judgment. An abstract may be filed on a final judgment that is being appealed or on which a supersedeas bond has been filed. If a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not destroy the effect of such measures if the judgment is affirmed. These rules apply to Texas state trial court judgments only, and not to the enforcement of other states’ or foreign judgments, which must first be domesticated in Texas to establish a lien, and then the judgment can be abstracted after the domestication process is finished.
Texas Abstract of Judgment
Texas law permits the judge, justice of the peace, clerk of the court, judgment creditor, his agent, attorney, or assignee to prepare the abstract of judgment for judgments rendered in all courts except for small claims and justice courts. In these courts, the judgment creditor is not permitted to prepare their own abstract. It is important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you need to abstract your judgment lien in Jeff Davis County, Texas, you can do so at the County Clerk’s office located at 111 Front St, Fort Davis, Texas 79734.
A valid abstract of judgment in Texas must include the following information: the name of both the plaintiff and defendant; the birthdate of the defendant, if available to the clerk of justice; the last three digits of the defendant’s driver’s license and social security numbers, if available; the number of the lawsuit in which the judgment was rendered; the defendant’s address, or if the address is not available in the lawsuit, the nature of citation and the date and place of service of citation; the date on which the judgment was rendered; the amount of the judgment and the balance due; any child support arrearage balance; and the interest rate specified in the judgment. The abstract must also provide the mailing address for each plaintiff or judgment creditor, and if it does not, a penalty filing fee will be imposed. Additionally, the plaintiff’s attorney must verify the abstract; unsworn declarations are not acceptable.
Recordation of Judgment Liens Abstract
The abstract of judgment is to be documented in Jeff Davis County when the debtor has real property there. The Jeff Davis County clerk accepts the abstract and enters it into the county’s real property records, indicating the date and time of documentation. The clerk must also list the abstract in the alphabetical index to the real property records, listing the names of both the plaintiff and defendant in the judgment and the page number where 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 carry the same enforceability as judgments filed in the court of origin. The foreign judgment holder must fulfill the lien requirements when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Jeff Davis County is where the judgment lien is effective on all nonexempt real property owned by the defendant and recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The period of validity for a judgment lien is ten years from the date of recording and indexing an abstract, but the lien ceases if the judgment becomes dormant. To maintain the lien, the judgment must remain active, and a new abstract of judgment must be recorded. A judgment becomes dormant if a writ of execution is not issued within ten years of its rendition, but it 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 valid and does not go into dormancy. An abstract of judgment that has been properly filed creates a lien that lasts for up to 20 years from the filing date, and the lien’s lifespan can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Political subdivisions’ judgments may go dormant under dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, permits political subdivisions to revive the judgment at any time. Thus, 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.
All child support judgments are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to all such judgments irrespective of their age.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is liable to be seized by execution unless it is protected by the constitution, statute, or any other legal rule. The following types of property are typically not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempt property.
2. Property Exempt from Execution.
There are several categories of property that are exempt from being taken away by legal authorities, whether it be for an individual or a family. These include: a) the individual or family’s primary home, b) different personal properties named in the law that are worth up to a combined $100,000 for families or $50,000 for individuals, c) unpaid wages or commissions for personal services up to 25% of the combined $50,000 or $100,000 limitations, except for child support payments, d) professionally recommended health aids, e) worker’s compensation payments, f) cemetery lots held for the purpose of burial, g) property that the debtor sold, mortgaged, or transferred in trust if the buyer or trustee identifies other debtor property that can cover the cost, h) assets under the care of a spendthrift trustee for the debtor’s benefit, i) specific insurance benefits, j) certain savings plans such as retirement and health savings plans, k) college savings plans, and l) artwork consigned under particular circumstances.
WRITS OF GARNISHMENT.
A judgment creditor can employ the post-judgment garnishment procedure to investigate if any third party owes any outstanding debts or property to the judgment debtor. 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
In order to employ garnishment after a judgment, certain prerequisites must be satisfied. 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 prevent execution on the judgment. Finally, the creditor must assert that, to their knowledge, the judgment debtor does not have enough property subject to execution in Texas to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is crucial to understand that a post-judgment garnishment action is an independent lawsuit from the main case it intends to enforce. As an additional legal action, the third-party garnishee should be designated as the defendant. It should be submitted 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.
To begin a garnishment action, the garnishee must be served with the writ of garnishment. The defendant in judgment is not an obligatory participant in the action, but they must receive a copy of the writ, application, affidavits, and court orders as soon as practical after the garnishee is served. The defendant must receive a copy of the writ that includes its contents in 12-point typeface and is written in a manner that informs a reasonably attentive person. Any judgment, except the one that dissolves the writ, is void if proper notice is not given to the defendant.
Banks as Garnishees for Writs of Garnishment
Delivery of garnishment writs to garnishee banks must be made to the address designated as the registered agent of the financial institution in its registration statement under Section 201.102 or 201.103 of the Finance Code. 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 mandate 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.
As per Tex. R. Civ. P. 663, the officer who carries out a writ of garnishment must present a return that complies with the citation requirements. It is prudent for the judgment creditor to thoroughly examine 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 rejected returns that do not indicate the manner and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once you have identified a bank account or another debt owed by the judgment debtor that can be garnished and it is determined to be cost-effective, you should file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include vital 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.
Don’t let a difficult judgment collection process in Texas discourage you. 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 Jeff Davis County, they can help you garnish a bank account or financial institution to recover the amount owed.