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

Are you struggling to collect a judgment in Johnson County, Texas? Busby & Associates can help. Our attorneys have the skills to defend, collect, and enforce judgments, with a focus on garnishing bank accounts and financial institutions. We also offer 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 Johnson County

By properly recording and indexing an abstract of judgment, a judgment lien can be established that acts as a lien on all of the judgment debtor’s nonexempt real property in Johnson County. The abstract of judgment must be filed in each county where the lien is sought to be established. 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. An abstract can be filed on a final judgment, even if the judgment is being appealed or a supersedeas bond has been filed. If the necessary steps to establish a lien have been taken prior to the appeal, the appeal won’t nullify the effect of those steps upon affirmation. These rules only apply to Texas state trial court judgments and not to foreign judgments enforced in Texas, which must first be domesticated before a lien can be established through an abstract.

Texas Abstract of Judgment

The preparation of abstracts of judgment for judgments rendered in all courts except small claims and justice courts is allowed to be done by either the judge, justice of the peace, clerk of the court, judgment creditor or his agent, attorney, or assignee. In small claims and justice courts, however, the judgment creditor is prohibited from preparing their own abstract. Moreover, the certificate of the clerk of the court is necessary for abstracts of federal court judgments. When abstracting a judgment lien in Johnson County, Texas, the County Clerk’s office located at 204 S Buffalo St # 407, Cleburne, Texas 76033 is the place to go.

Contents

In Texas, a summary of judgment must include the names of the plaintiff and defendant, the defendant’s birthdate (if obtainable by the court), and the last three digits of their driver’s license and social security number (if known). It must also have the suit number in which the judgment was granted, the defendant’s address or citation nature, and date and location of citation if the address is not known. The summary should also include the date of the judgment, the amount of the judgment, the remaining balance, any unpaid child support, and the interest rate specified in the judgment. The summary should also provide the mailing address of each plaintiff or judgment creditor; otherwise, a penalty filing fee will be imposed. It is important to note that the summary presented by the creditor’s attorney must be verified, and unsworn declarations are not permitted.

Recordation of Judgment Liens Abstract

When the debtor possesses real property in Johnson County, the abstract of judgment must be documented there. The Johnson County clerk records the abstract in the county’s real property records and indicates the date and time of documentation. Additionally, the clerk must include the abstract in the alphabetical index to the real property records, indicating 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 establish that foreign judgments can be enforced in Texas in the same manner as judgments filed in the originating court. The domestication of a foreign judgment in Texas requires the foreign judgment holder to fulfill the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

Johnson County is where the judgment lien takes effect on all nonexempt real property owned by the defendant and located in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To ensure a judgment lien remains valid, it must remain active and a new abstract of judgment must be recorded within ten years of its original recording and indexing. A judgment lien will become 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.

Judgments made by the state or a state agency are not subject to dormancy and remain enforceable. 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 renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes have the potential to make political subdivisions’ judgments inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, gives political subdivisions the ability to revive the judgment at any time. As a result, the political subdivision is not limited 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 contains a provision that excludes judgments related to child support from the dormancy statute, covering all such judgments regardless of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution has the power to seize the judgment debtor’s property, provided that it is not 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 such as stamps, coins, etc.; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any protected property.

2.      Property Exempt from Execution.

The following categories of property are exempt from execution, whether 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.

The post-judgment garnishment is a legal process that allows a judgment creditor to investigate whether a third party owes any outstanding debts or property to the judgment debtor. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to pay funds to the garnishor instead of the debtor.

Requirements to Issue

The availability of garnishment after a judgment is subject to certain conditions. 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 suspend execution on the judgment. Finally, the creditor must attest that, to the best of their knowledge, the judgment debtor does not have sufficient property in Texas that can be executed to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is important to remember that a post-judgment garnishment action is a separate lawsuit from the main case it aims to enforce. The third-party garnishee should be named as the defendant since it is an additional legal action. It should be filed in the same court that issued the judgment for collection, but with a different cause number.

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

In a garnishment action, the garnishee must be served with the writ of garnishment. The defendant in judgment is not a necessary party to the action, but they must receive a copy of the writ, application, affidavits, and court orders soon after the garnishee is served. The defendant must receive a copy of the writ that contains its contents in 12-point typeface, written in a manner that informs a reasonably attentive person. Failure to provide the defendant with appropriate notice of the writ’s contents 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 shall be delivered 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. To register with the Secretary of State, out-of-state financial institutions must comply with the state’s foreign corporation laws, including the appointment of an agent for process under Section 201.102. Alternatively, 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.

According to Tex. R. Civ. P. 663, the officer who enforces a writ of garnishment must submit a return that conforms to the citation rules. It is important for the judgment creditor to carefully review the return prior to obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must comply with the same regulations as citations in general. Courts have nullified returns that fail to indicate the method and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

In case you locate a bank account or another debt owed by the judgment debtor that can be garnished, and it is cost-effective to pursue it, you should file an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain relevant information such as the original suit and judgment details, garnishee’s name, officers for service, service address, and account names and numbers (if available).

Busby and Associates provide contingency-based services to help you collect your Texas judgment, without any upfront costs. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Johnson County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.