Texas Writs of Garnishment to Collect Judgment Liens from Karnes County, Texas
If you need legal assistance to collect a judgment in Karnes County, Texas, Busby & Associates can help. Our 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 for a consultation and let us help you collect what you’re owed.
Texas Judgment liens in Karnes County
Properly securing a judgment lien results in it being attached to all nonexempt real estate owned by the judgment debtor in Karnes County. To create a judgment lien, one must record and index an abstract of judgment in the county where the lien is sought. The abstract must be filed in every county where the lien is being established. The lien remains in effect for a period of ten years from the date of recordation and indexing, provided that the judgment does not become dormant. A final judgment, not an interlocutory one, must serve as the basis for the lien. Even if a judgment is being appealed or a supersedeas bond has been filed, an abstract may be filed on a final judgment. If a lien is secured before the judgment is appealed, the effect of the lien is not destroyed if the judgment is affirmed. These rules only apply to judgments from Texas state trial courts, and not to judgments from other states or foreign countries. To create a lien on such judgments, they must first be domesticated in Texas before an abstract can be filed.
Texas Abstract of Judgment
Either the judge, justice of the peace, clerk of the court, or the judgment creditor, his agent, attorney, or assignee is allowed to prepare the abstract of judgment for all but small claims and justice courts in Texas. The judgment creditor is not authorized to prepare their own abstract in those courts. Moreover, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Karnes County, Texas, go to the County Clerk’s office at 210 W Calvert Ave, Karnes City, Texas 78118.
A summary of judgment in Texas must show the names of the plaintiff and defendant, the defendant’s birthdate (if known), and the last three digits of their driver’s license and social security number (if available). Additionally, it must include the suit number in which the judgment was rendered, the defendant’s address or citation nature, and date and location of citation if the address is not listed. It must also indicate the date of the judgment, the total amount of the judgment, the remaining balance, any outstanding child support, and the interest rate specified in the judgment. It must also contain the mailing address of each plaintiff or judgment creditor, or else a penalty filing fee will be imposed. Moreover, the abstract drafted by the creditor’s attorney must be verified, and unsworn declarations are not permitted.
Recordation of Judgment Liens Abstract
When the debtor has real property in Karnes County, it is necessary to record the abstract of judgment there. The Karnes County clerk records the abstract in the county’s real property records and notes the date and time of documentation. Additionally, the clerk must include the abstract in the alphabetical index to the real property records, stating 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act provide foreign judgments with the same level of enforceability as judgments filed in the originating court. The foreign judgment holder must comply with the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien attaches to all nonexempt real property owned by the defendant and registered in Karnes County, as recorded 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 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.
State or state agency judgments remain valid and do not become dormant. A properly filed abstract of judgment establishes a lien that lasts for 20 years from the date of filing, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Although dormancy statutes can cause political subdivisions’ judgments to go inactive, the revival statute, Civ. Prac. & Rem. Code § 31.006, empowers political subdivisions to revive the judgment at any time. Thus, 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.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is open to seizure by execution unless it 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 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.
Whether you’re a family or a single adult, execution cannot touch property in the following categories: a) the homestead, b) personal property from various categories specified by statute, valued at up to $100,000.00 for families or $50,000.00 for single adults, c) present wages for personal services (excluding child support) and unpaid commissions for personal services, capped at 25% of the $50,000/$100,000 combined limits, d) medically prescribed health aids, e) worker’s compensation payments, f) cemetery lots held for burial purposes, g) property sold, mortgaged, or transferred into trust by the judgment debtor if the purchaser, mortgagee, or trustee identifies other debtor property sufficient to satisfy the judgment, h) assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor, i) certain insurance benefits, j) specific savings plans, including retirement benefits and health savings plans, k) college savings plans, and l) specific consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal recourse that enables a judgment creditor to scrutinize the relationship between a third party and the judgment debtor for any outstanding debts or property owed. If any debts are discovered, 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 prerequisites must be satisfied before utilizing garnishment after a judgment. 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 attest that, based on their knowledge, the judgment debtor does not have sufficient property in Texas subject to execution to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action is a distinct legal proceeding 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 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.
In a garnishment action, the writ of garnishment must be served on the garnishee. The defendant in judgment is not a required participant in the action, but they must receive a copy of the writ, application, affidavits, and court orders soon after the garnishee is served. The copy of the writ served to the defendant must include its contents in 12-point typeface and must be 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
The registered agent address indicated in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code must be used for the delivery of garnishment writs to garnishee banks. To register with the Secretary of State, out-of-state financial institutions must comply with the state’s foreign corporation laws, which include 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 stated in Tex. R. Civ. P. 663, the officer who executes a writ of garnishment must submit a return that satisfies the citation requirements. It is advisable for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must conform to the same regulations as citations in general. Courts have rejected returns that do not reveal the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Upon discovering a bank account or another debt owed by the judgment debtor that can be garnished and is cost-effective to pursue, file an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should contain necessary information such as the original suit and judgment details, the garnishee’s name, officers for service, service address, and any available account names and numbers.
Busby and Associates offer contingency-based services to help you collect your Texas judgment. You don’t pay anything upfront, and they only charge 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 Karnes County, they can also help you garnish a bank account or financial institution to recover the amount owed.