Texas Writs of Garnishment to Collect Judgment Liens from Kent County, Texas
Don’t let a debtor in Kent County, Texas, get away with not paying a judgment. Busby & Associates can assist you with collecting what you’re owed. 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 to schedule a consultation and let us help you collect what you’re owed.
Texas Judgment liens in Kent County
In Kent County, a judgment lien on the judgment debtor’s nonexempt real property can be created by properly recording and indexing an abstract of judgment. The abstract of judgment must be filed in every county where the lien is being sought to be fixed. The lien remains valid for ten years from the date of recordation and indexing as long as the judgment does not become dormant. A lien can only be based on a final judgment and not an interlocutory judgment. Even if the judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed. If the judgment creditor has already taken the necessary steps to obtain the lien before the appeal, their efforts will not be nullified in the event of affirmance. These rules only apply to Texas state trial court judgments and not to judgments from other states or countries. Domestication of the judgment in Texas may be necessary in such cases to establish a lien.
Texas Abstract of Judgment
In Texas, several parties have the authority to prepare the abstract of judgment for judgments rendered in most courts, including the judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee. However, the creditor cannot prepare their own abstract for small claims and justice courts. Furthermore, abstracts of federal court judgments necessitate the certificate of the clerk of the court. If you’re abstracting your judgment lien in Kent County, Texas, you can visit the County Clerk’s office at 101 N Main St, Jayton, Texas 79528.
When creating an abstract of judgment in Texas, it is imperative to include specific details. This includes the names of the plaintiff and defendant, as well as 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, you must include the suit number, defendant’s address or citation details, judgment date, amount owed, child support arrearage (if applicable), and interest rate. Failure to provide the mailing address of each plaintiff or judgment creditor may result in a penalty filing fee.
Recordation of Judgment Liens Abstract
When the debtor has real property in Kent County, it is mandatory to document the abstract of judgment there. The Kent County clerk receives the abstract and records it in the county’s real property records, indicating the date and time of documentation. The clerk must also list the abstract in the alphabetical index to the real property records, displaying 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.
Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act carry the same enforceability as judgments filed in the court of origin. The foreign judgment holder must fulfill the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Kent County is where the judgment lien takes effect on all nonexempt real property owned by the defendant and registered in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
A judgment lien lasts for ten years from the date of recording and indexing an abstract, but it will become dormant if a writ of execution is not issued within ten years of its rendition. To maintain the lien’s validity, you must keep the judgment active and record a new abstract of judgment. Dormant judgments 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 duration of the lien. 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 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, enables political subdivisions to revive the judgment at any time. As a result, 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.
All child support judgments are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which covers all such judgments irrespective of their date of rendering or issuance.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is subject to seizure by execution, 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 protected property.
2. Property Exempt from Execution.
The execution of property is prohibited in certain categories that a family or single adult may have, including a) the homestead b) personal property that falls within a certain value range specified by statute, up to $100,000.00 for a family and $50,000.00 for a single adult c) a portion of current wages and unpaid commissions, limited to twenty-five percent (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) property sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee can identify other property of the debtor that can satisfy the execution h) assets in 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) and consigned artwork within certain limitations.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a legal tool that allows a judgment creditor to delve into the connection between a third party and the judgment debtor to establish if there are any debts or property owed. If any debts are revealed, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
Before garnishment after a judgment can be implemented, certain conditions must be met. 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 have enough property that can be executed in Texas to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
When pursuing post-judgment garnishment, it is important to note that it is a separate legal proceeding from the main case it aims to enforce. The third-party garnishee should be designated as the defendant since it is an additional lawsuit. It should be filed in the same court that delivered the judgment to be collected, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee is the intended recipient of the writ of garnishment. The defendant in the judgment is not considered necessary for the garnishment action, but they must be served with a copy of the writ, the application, affidavits, and court orders shortly after the garnishee has been served. The defendant’s copy of the writ must also be presented in 12-point font or larger and in a way that a reasonably attentive person can understand. If the judgment debtor is not provided proper notice of the garnishment, any judgment except for the dissolution of the writ may be deemed void.
Banks as Garnishees for Writs of Garnishment
The address specified as the registered agent of the financial institution in its 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. 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, to register with the Secretary of State. Conversely, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for enforcing a writ of garnishment is required to provide a return that satisfies citation requirements. It is advisable for the judgment creditor to inspect the return thoroughly before seeking a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the same rules as citations in general. Courts have rejected returns that fail to reveal the manner and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
When a bank account or other debt that is garnishable is located and it is deemed 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 include pertinent details, such as original suit and judgment information, garnishee name, officers for service and address for service, and account names and numbers, if available.
Need help collecting a judgment in Texas? Busby and Associates can assist you with their contingency-based services. They only charge if they successfully recover the amount owed, and for judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Kent County, they can also help you garnish a bank account or financial institution to recover the amount owed.