Texas Writs of Garnishment to Collect Judgment Liens from Jim Hogg County, Texas

If you need assistance collecting a judgment in Jim Hogg County, Texas, look no further than Busby & Associates. Our attorneys have the experience and skills to defend, collect, and enforce 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 for a consultation and let us help you collect what you’re owed.

Texas Judgment liens in Jim Hogg County

To establish a lien on all nonexempt real property in Jim Hogg County, a judgment lien must be properly fixed. This is accomplished by recording and indexing an abstract of judgment, which must be filed in each county where the lien is sought to be fixed. The lien remains in effect for ten years from the date of recordation and indexing unless the judgment becomes dormant. The lien can only be based on a final judgment, not an interlocutory one. If the judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed on a final judgment. If the necessary steps to obtain a lien have been taken before an appeal is filed, the appeal won’t negate the effect of those steps if the judgment is affirmed. These rules only apply to Texas state trial court judgments and not to the enforcement of foreign judgments in Texas, which must first be domesticated before a lien can be established through an abstract.

Texas Abstract of Judgment

In Texas, there are several parties who are authorized to prepare the abstract of judgment for judgments rendered in most courts, such as the judge, justice of the peace, clerk of the court, judgment creditor, his agent, attorney, or assignee. However, if the judgment was rendered in a small claims or justice court, the judgment creditor cannot 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 Jim Hogg County, Texas, you can do so at the County Clerk’s office located at 102 E Tilley St, Hebbronville, Texas 78361.

Contents

A Texas abstract of judgment must contain certain information to be considered valid. This includes the names of the plaintiff and defendant, the defendant’s birthdate if available, the last three digits of their driver’s license and social security numbers if available, the number of the lawsuit, the defendant’s address or nature of citation and date/place of service if not included in the suit, the date of the judgment, the amount of the judgment and balance due, any child support arrearage balance, and the interest rate specified in the judgment. The abstract must also include the mailing address for each plaintiff or judgment creditor, and if it does not, a penalty filing fee will be imposed. Additionally, any abstract of judgment prepared by the plaintiff’s attorney must be verified.

Recordation of Judgment Liens Abstract

When the debtor has real property in Jim Hogg County, the abstract of judgment should be recorded there. The Jim Hogg 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, displaying the names of the plaintiff and defendant in the judgment and the page number where 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 as enforceable as judgments filed in the originating court. The foreign judgment holder must adhere to the lien requirements when domesticating the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien covers all nonexempt real property owned by the defendant and located in Jim Hogg County, where it is recorded.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The validity of a judgment lien lasts for ten years from the date of recording and indexing an abstract, but it 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 does not expire and remains effective for the entire lifespan of the lien. A valid abstract of judgment creates a lien that lasts for 20 years from the date of filing, and the lien can be renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may cause political subdivisions’ judgments to become inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, allows political subdivisions to revive the judgment at any time. Hence, 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.

• 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.

The execution can seize 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 such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempt property.

2.      Property Exempt from Execution.

Property falling under the following categories is exempt from execution, regardless of whether it is for a family or an individual: a. The primary residence b. Personal belongings of various sorts, which are designated by statute, up to a combined fair market value of $100,000 for a family or $50,000 for a single individual who is not a member of a family. c. Current personal service wages (excluding child support) and unpaid personal service commissions, not to exceed 25% of the $50,000/$100,000 combined limits. d. Professionally prescribed health aids. e. Worker’s compensation payments. f. Cemetery plots used for sepulcher. g. Property that the debtor has sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee identifies other assets of the debtor that are sufficient to satisfy the execution. h. Assets held in trust by a spendthrift trust for the benefit of the debtor. i. Certain types of insurance benefits. j. Certain savings accounts, such as retirement accounts and health savings accounts. k. College savings accounts. l. Specific artwork that has been consigned.

WRITS OF GARNISHMENT.

A judgment creditor can use the post-judgment garnishment procedure to explore 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, requiring the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

In order to use garnishment after a judgment, certain prerequisites must be met. Firstly, the creditor must possess 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, 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’s important to note that a post-judgment garnishment action is a distinct legal suit from the main case it intends to enforce. As an additional lawsuit, the third-party garnishee should be identified as the defendant. It should be filed in the same court that issued the judgment for collection, but under a different cause number.

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

The garnishee is served with the writ of garnishment to commence the garnishment action. The defendant in judgment is not a compulsory participant in the action but must be served with a copy of the writ, application, affidavits, and court orders as soon as practicable after the garnishee is served. The defendant must receive a copy of the writ that contains its contents in 12-point typeface and is written in a manner that is likely to inform 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

For proper 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 apply for registration with the Secretary of State and comply with the state’s foreign corporation laws, which mandate the appointment of an agent for process under Section 201.102. In contrast, Texas financial institutions have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

The officer responsible for executing a writ of garnishment is required to file a return that complies with the citation guidelines, as outlined in Tex. R. Civ. P. 663. The judgment creditor should carefully inspect the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must conform to the same regulations as citations in general. Courts have invalidated returns that do not specify the method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

When a bank account or another debt owed by the judgment debtor is discovered and it is deemed cost-effective to pursue it, you must file an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should include pertinent 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.

Busby and Associates can help you collect your Texas judgment with their contingency-based services that require no upfront fees. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Jim Hogg County, they can also assist you in garnishing a bank account or financial institution to recover the amount owed.