Texas Writs of Garnishment to Collect Judgment Liens from Kenedy County, Texas
If you’re having trouble collecting a judgment in Kenedy County, Texas, Busby & Associates can help. Our experienced attorneys are skilled in defending, collecting, and enforcing judgments, including 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 to schedule a consultation and let us help you collect what you’re owed.
Texas Judgment liens in Kenedy County
By properly recording and indexing an abstract of judgment, you can create a judgment lien on all of the judgment debtor’s nonexempt real property in Kenedy County. If you file the abstract in each county where the lien is sought, the lien will last for ten years from the date of recording and indexing, unless the judgment becomes dormant. The judgment on which the lien is based must be final and not interlocutory. However, you can still file an abstract of a final judgment even if an appeal is pending or a supersedeas bond has been posted. If you establish a lien before an appeal is filed, the appeal won’t nullify the lien if the judgment is affirmed. These rules apply only to judgments issued by Texas state trial courts and do not apply to judgments from other states or foreign countries. To establish a lien on a foreign judgment, you must domesticate the judgment in Texas first and then file an abstract of the judgment.
Texas Abstract of Judgment
Texas grants the judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee the ability to prepare the abstract of judgment for judgments rendered in most courts. However, for small claims and justice courts, the creditor is unable to prepare their own abstract. Additionally, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Kenedy County, Texas, head to the County Clerk’s office at 151 Mallory St, Sarita, Texas 78385.
In Texas, an abstract of judgment must contain certain information, including the names of both parties, the defendant’s birthdate (if known to the clerk of justice), and the last three digits of their driver’s license and social security number (if available). Additionally, the suit number, defendant’s address or citation details, judgment date, amount owed, child support arrearage (if applicable), and interest rate must all be included. The mailing address of each plaintiff or judgment creditor must also be provided; failure to do so may result in a penalty filing fee.
Recordation of Judgment Liens Abstract
In Kenedy County, where the debtor possesses real property, the abstract of judgment must be recorded. The Kenedy County clerk records the abstract in the county’s real property records, noting 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 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 establish that foreign judgments can be enforced in Texas to the same extent as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The county of recordation for the judgment lien is Kenedy County, where it attaches to all nonexempt real property owned by the defendant.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien is in effect for ten years after recording and indexing an abstract, but it becomes dormant if a writ of execution is not issued within ten years of its rendition. To keep the lien in place, you must maintain the judgment and record a new abstract of judgment. If the judgment becomes dormant, it can be revived through scire facias or an action of debt filed within two years.
2. State or State Agency Judgments.
State or state agency judgments do not become inactive and retain their enforcement power. A valid abstract of judgment creates a lien that lasts for 20 years from the date of filing, and the lien’s lifespan can be extended for another 20 years by filing a renewed abstract of judgment, ensuring its validity for a total of 40 years.
3. Political Subdivisions.
Judgments of political subdivisions can become inactive under dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, allows political subdivisions to revive the judgment at any time. Therefore, the political subdivision is not limited 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 specifies that judgments related to child support are not subject to the dormancy statute, and this provision applies to all such judgments regardless of when they were granted.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
If not exempted by the constitution, statute, or any other legal rule, the execution has the power to seize the judgment debtor’s property. Typically, 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 do not have any exempt property.
2. Property Exempt from Execution.
For a family or single adult, certain categories of property are exempt from execution, including a) the homestead b) personal property of different categories, the total fair market value of which must not exceed $100,000.00 for a family or $50,000.00 for a single adult c) up to twenty-five percent (25%) of the $50/$100,000 aggregate limitations of current wages for personal services and unpaid commissions for personal services, excluding child support payments d) professionally prescribed health aids e) worker’s compensation payments f) cemetery lots held for sepulcher purposes g) property previously sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee can point out other property of the debtor sufficient to satisfy the execution h) assets in the hands of the trustee of a spendthrift trust for the benefit of the judgment debtor i) specific insurance benefits and savings plans, including retirement benefits and health savings plans j) college savings plans k) certain consigned artwork, and l) other property as defined by statute.
WRITS OF GARNISHMENT.
When a judgment creditor needs to investigate whether a third party owes any funds or property to a judgment debtor, they can use the post-judgment garnishment process. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor rather than to the debtor.
Requirements to Issue
The utilization of garnishment after a judgment hinges on the fulfillment of specific prerequisites. First and foremost, 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 confirm that, to the best of their knowledge, the judgment debtor does not have adequate property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is important to understand that a post-judgment garnishment action is not part of the main case it is meant to enforce. The third-party garnishee should be named as the defendant because it is an ancillary legal action. 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.
For garnishment to proceed, the garnishee must be served with the writ of garnishment. The defendant in the judgment is not required to be part of the garnishment, but they must receive a copy of the writ, along with the application, affidavits, and court orders, shortly after the garnishee has been served. The defendant’s copy of the writ must also communicate its contents in 12-point font or larger, and in a way that a reasonably attentive person can understand. Failure to give the judgment debtor proper notice regarding the garnishment may result in any judgment, except for the dissolution of the writ, being void.
Banks as Garnishees for Writs of Garnishment
To deliver garnishment writs to garnishee banks, 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. Out-of-state financial institutions must follow the state’s foreign corporation laws, including appointing an agent for process under Section 201.102, to register with the Secretary of State. In contrast, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The writ of garnishment must be executed by an officer who will submit a return conforming to citation regulations, as stated in Tex. R. Civ. P. 663. It is important for the judgment creditor to carefully review the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as citations in general. Courts have voided returns that do not indicate the method and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once you have identified a bank account or other debt that can be garnished from the judgment debtor and it is economically viable, submit an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should provide necessary information, including original suit and judgment information, garnishee name, officers for service and address for service, and available account names and numbers.
If you’re looking to collect a judgment in Texas, Busby and Associates can help. They offer contingency-based services, which means you don’t pay anything unless they successfully recover the amount owed. For judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. Additionally, in Kenedy County, they can assist you in garnishing a bank account or financial institution to recover the amount owed.