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

At Busby & Associates, we understand the difficulties that can arise when trying to collect a judgment in Kendall County, Texas. 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 Kendall County

A judgment lien, properly fixed, functions as a lien on all nonexempt real property owned by the judgment debtor in Kendall County. It is created by recording and indexing an abstract of judgment. The abstract must be filed in every county where the judgment lien is being established. The lien endures for ten years from the date of recordation and indexing unless the judgment becomes dormant. The judgment that forms the basis of the lien must be final, not interlocutory. An abstract of a final judgment may be filed if the judgment is being appealed or if a supersedeas bond has been filed. If a judgment creditor obtains a lien before the judgment is appealed, an appeal will not nullify the effects of such action if the judgment is eventually affirmed. These rules apply only to Texas state trial court judgments and not to other states’ or foreign judgments’ enforcement, which requires domestication in Texas to establish a lien, and only then can the judgment be abstracted upon completion of the domestication process.

Texas Abstract of Judgment

Texas permits the judge, justice of the peace, clerk of the court, or the judgment creditor, his agent, attorney, or assignee to prepare the abstract of judgment for all courts except small claims and justice courts. The judgment creditor is not authorized to prepare their own abstract in these courts. Also, abstracts of federal court judgments necessitate the certificate of the clerk of the court. When abstracting your judgment lien in Kendall County, Texas, head to the County Clerk’s office located at 201 E San Antonio Ave #127, Boerne, Texas 78006.

Contents

In Texas, an abstract of judgment must specify the following information: (1) the plaintiff and defendant’s names, (2) the defendant’s birthdate (if available to the clerk of justice), (3) the last three digits of the defendant’s driver’s license (if available), (4) the last three digits of the defendant’s social security number (if available), (5) the number of the suit in which the judgment was rendered, (6) the defendant’s address or, if the address isn’t shown in the lawsuit, the citation’s nature and the date and place of service of the citation, (7) the date on which the judgment was rendered, (8) the total amount of the judgment and the outstanding balance, (9) the amount of the child support arrearage (if any), and (10) the interest rate specified in the judgment. Additionally, the abstract of judgment should contain the mailing address for each plaintiff or judgment creditor. If the abstract does not contain this information, a penalty filing fee will be charged. Keep in mind that the creditor’s attorney must verify the abstract, and unsworn declarations are not allowed.

Recordation of Judgment Liens Abstract

The abstract of judgment should be recorded in Kendall County if the debtor has real property there. The Kendall County clerk accepts the abstract and enters it into the county’s real property records, documenting the date and time of entry. The clerk must also include the abstract in the alphabetical index to the real property records, specifying 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.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas in the same manner as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must satisfy the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien is recorded in Kendall County and applies to all nonexempt real property owned by the defendant and recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To maintain the validity of a judgment lien, you must ensure that the judgment remains active and record a new abstract of judgment within ten years of the original recording and indexing. If a judgment becomes dormant, the lien ends, but it can be revived by scire facias or an action of debt filed within two years of dormancy.

2.      State or State Agency Judgments.

Judgments issued by the state or a state agency remain active 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 can be extended for another 20 years by filing a renewed abstract of judgment, ensuring its validity for up to 40 years.

3.      Political Subdivisions.

Political subdivisions’ judgments may go dormant due to dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, grants political subdivisions the authority to revive the judgment at any time. Thus, the political subdivision is not barred 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.

Execution may take the judgment debtor’s property, unless it is protected by the constitution, statute, or any other legal rule. Generally, the following types of property are not protected: 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 do not have any protected property.

2.      Property Exempt from Execution.

The law provides for the exemption of certain properties from execution, regardless of whether the debtor is a family or a single adult. These properties include a) the homestead, b) personal property within specific categories stated by the statute, up to an aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult, c) current wages for personal services and unpaid commissions not exceeding 25% of the $50/$100,000 aggregate limitations, d) professionally prescribed health aids, e) worker’s compensation payments, f) cemetery lots held for sepulcher purposes, g) sold, mortgaged or conveyed property if the purchaser, mortgagee or trustee indicates other property of the debtor sufficient to satisfy the execution, h) assets held by the trustee of a spendthrift trust for the debtor’s benefit, i) certain insurance benefits, j) certain savings plans, including retirement benefits and health savings plans, k) college savings plans, and l) certain consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment is a legal avenue available to a judgment creditor to investigate the relationship between a third party and the judgment debtor for any outstanding debts or property owed. If any debts are found, 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

Garnishment after a judgment is contingent upon meeting certain requirements. Firstly, the creditor must have 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, based on their knowledge, the judgment debtor does not possess enough property in Texas that can be executed to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action is a separate legal proceeding from the main case it intends to enforce. The third-party garnishee should be identified as the defendant since it is an additional lawsuit. It should be filed in the same court that rendered the judgment to be collected, but with a different cause number, when applying for post-judgment garnishment.

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

To commence the garnishment action, the writ of garnishment must be served on the garnishee. The defendant in judgment is not a compulsory participant in the action but must receive 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 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

For 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 file an application for registration with the Secretary of State and comply with the state’s foreign corporation laws, which require the appointment of an agent for process under Section 201.102. On the other hand, 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.

Tex. R. Civ. P. 663 requires the officer responsible for executing a writ of garnishment to provide a return that adheres to the citation rules. It is recommended for the judgment creditor to carefully examine the return before seeking 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 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 found and it is cost-effective to pursue it, file an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should contain relevant 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.

Having trouble collecting a judgment in Texas? Busby and Associates can provide contingency-based services to help you recover what you’re owed 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 Kendall County, they can also assist you in garnishing a bank account or financial institution to recover the amount owed.