Texas Writs of Garnishment to Collect Judgment Liens from Kerr County, Texas
Trying to collect a judgment in Kerr County, Texas, can be a challenging and complex process. But with Busby & Associates on your side, you can rest assured that our experienced attorneys will defend, collect, and enforce judgments with ease. We are skilled in garnishing bank accounts and financial institutions, and also provide legal support for consumer bankruptcy, family law, and divorce. Contact us today to schedule a consultation and let us help you collect what you’re owed.
Texas Judgment liens in Kerr County
Creating a judgment lien on all of the judgment debtor’s nonexempt real property in Kerr County requires properly recording and indexing an abstract of judgment. The lien will remain valid for ten years from the date of recording and indexing, as long as the judgment does not become dormant. The judgment that forms the basis of the lien must be final and not interlocutory. Nevertheless, you can still file an abstract of a final judgment if an appeal is pending or a supersedeas bond has been posted. If you secure a lien before an appeal is filed, the appeal won’t affect the validity of the lien if the judgment is upheld. These rules apply only to Texas state trial court judgments and do not apply to judgments from other states or foreign countries. To create a lien on a foreign judgment, you must domesticate it in Texas first and then file an abstract of the judgment.
Texas Abstract of Judgment
Texas allows several parties to prepare the abstract of judgment for judgments rendered in most courts. These parties include the judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee. It’s important to note, however, that for small claims and justice courts, the creditor cannot prepare their own abstract. Moreover, abstracts of federal court judgments require the certificate of the clerk of the court. If you’re looking to abstract your judgment lien in Kerr County, Texas, make your way to the County Clerk’s office at 700 Main St RM 122, Kerrville, Texas 78028.
If you are creating an abstract of judgment in Texas, it is essential to ensure that it includes specific information. This includes 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 is also required; failure to provide this information may result in a penalty filing fee.
Recordation of Judgment Liens Abstract
The abstract of judgment must be documented in Kerr County for debtors who own real property there. The Kerr County clerk receives the abstract and records it in the county’s real property records, indicating the date and time of recording. Furthermore, the clerk must include the abstract in the alphabetical index to the real property records, displaying the names of both the plaintiff and defendant and the page number where the abstract is recorded.
Abstracts of Domesticated Judgment Liens.
The abstract of judgment must be recorded in Kerr County if the debtor has real property there. The Kerr County clerk records the abstract in the county’s real property records, noting the date and time of documentation. Furthermore, the clerk must list 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.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Kerr County, as recorded in the county, is subject to the judgment lien, which encumbers all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To ensure that a judgment lien remains valid, you must keep the judgment active and record a new abstract of judgment within ten years of its original recording and indexing. A judgment lien 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.
Judgments made by the state or a state agency remain in effect and do not become dormant. A valid abstract of judgment creates 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.
While dormancy statutes can cause political subdivisions’ judgments to become inactive, the revival statute, Civ. Prac. & Rem. Code § 31.006, provides political subdivisions with the option to revive the judgment at any time. Thus, the political subdivision is not restricted by the statute of limitations and can revive the judgment even 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 their age.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution can seize the judgment debtor’s property, provided 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 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.
A family or a single adult may rest assured that their property in certain categories is exempt from execution, which includes a) the homestead b) various categories of personal property that meet the fair market value limits of $100,000.00 for a family or $50,000.00 for a single adult c) a portion of current wages and unpaid commissions, capped at twenty-five percent (25%) of the aforementioned limits 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, as long as 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.
A judgment creditor can use the post-judgment garnishment procedure to investigate whether any third party owes any outstanding debts or property to the judgment debtor. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, ordering the third party (garnishee) to pay funds to the garnishor instead of the debtor.
Requirements to Issue
To employ garnishment after a judgment, specific criteria must be met. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, with the judgment being deemed 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 sufficient property in Texas subject to execution to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is important to remember that a post-judgment garnishment action is a distinct 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 under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee must receive the writ of garnishment in order to proceed with the garnishment. The defendant in the judgment is not required to be involved in the garnishment, but they must receive a copy of the writ, along with the application, affidavits, and court orders, immediately after the garnishee has been served. The copy of the writ served to the defendant must also provide clear communication of its contents, using 12-point font or larger. Failure to give proper notice to the judgment debtor regarding the garnishment can render any judgment, other than the dissolution of the writ, null and void.
Banks as Garnishees for Writs of Garnishment
Garnishment writs served on garnishee banks must be delivered to the address of the financial institution’s registered agent, as indicated 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 appointing 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.
The officer charged with executing a writ of garnishment must file a return that complies with the citation regulations outlined in Tex. R. Civ. P. 663. It is wise for the judgment creditor to carefully review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are governed by the same regulations as citations in general. Courts have nullified returns that do not specify the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
In case you discover a bank account or another debt owed by the judgment debtor that can be garnished and it is financially feasible to pursue, you should file an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should provide essential information, including the original suit and judgment details, garnishee name, officers for service and address for service, and any available account names and numbers.
Don’t let a judgment collection become a burden. Busby and Associates can help you recover what you’re owed through their contingency-based services. They won’t charge anything upfront, and for judgments from other states with the debtor in Texas, they evaluate each case individually and may require a retainer. In Kerr County, they can also assist you in garnishing a bank account or financial institution to recover the amount owed.