Texas Writs of Garnishment to Collect Judgment Liens from Kimble County, Texas
Are you struggling to collect a judgment in Kimble County, Texas? Busby & Associates can provide you with the legal support you need. Our attorneys are skilled in defending, collecting, and enforcing judgments, including garnishing bank accounts and financial institutions. We also assist with both collecting and defending against child support liens, and provide legal support for consumer bankruptcy, family law, and divorce. Contact us today for a consultation and let us help you collect what you’re owed.
Texas Judgment liens in Kimble County
To put a lien on all of the judgment debtor’s nonexempt real property in Kimble County, you need to properly record and index an abstract of judgment. If you file an abstract of judgment in each county where you seek to create the lien, it will last for ten years from the date of recording and indexing, unless the judgment goes dormant. The judgment on which the lien is based must be final, not interlocutory. However, you can still file an abstract of a final judgment if the judgment is being appealed or if a supersedeas bond has been filed. If you have taken the necessary measures to establish a lien before an appeal is filed, the appeal will not affect the validity of 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. You must domesticate the judgment in Texas first to establish a lien and then file an abstract of the judgment after the judgment is domesticated.
Texas Abstract of Judgment
The abstract of judgment for judgments rendered in most Texas courts can be prepared by the judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee. However, for small claims and justice courts, the creditor is not allowed to prepare their own abstract. It’s also important to note that abstracts of federal court judgments require the certificate of the clerk of the court. For those looking to abstract their judgment lien in Kimble County, Texas, the County Clerk’s office is located at 501 Main St, Junction, Texas 76849.
When drafting a Texas abstract of judgment, it is crucial to include certain details. 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 required; failure to provide it may result in a penalty filing fee.
Recordation of Judgment Liens Abstract
Kimble County is the necessary location for recording the abstract of judgment when the debtor has real property there. The Kimble County clerk receives the abstract and records it in the county’s real property records, specifying the date and time of documentation. Moreover, the clerk must list 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 domestication of a foreign judgment in Texas requires the foreign judgment holder to satisfy the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien covers all nonexempt real property owned by the defendant and located in Kimble County, where it is registered.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The validity of a judgment lien lasts 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 effect, you must maintain the judgment’s active status 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 become dormant and remains valid for the entire lifespan of the lien. A valid abstract of judgment establishes a lien that lasts for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Political subdivisions’ judgments may go inactive under dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, grants political subdivisions the authority to revive the judgment at any time. Therefore, the political subdivision is not precluded by the statute of limitations and can revive the judgment beyond the two-year dormancy period.
4. Child Support Judgments.
- 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments of child support, covering all such judgments, whether they were recently made or issued in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by the constitution, statute, or any other legal rule, the execution has the authority to seize the judgment debtor’s property. 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 have no protected property.
2. Property Exempt from Execution.
Exempt from execution, regardless of whether it belongs to a family or a single adult, are properties falling under the following categories: a. The homestead b. Personal property of various categories specified by statute, with a total fair market value of up to $100,000.00 for a family or $50,000.00 for a single adult who is not a member of a family c. Current wages for personal services (excluding child support payments) and unpaid commissions for personal services, up to 25% of the $50/$100,000 aggregate limitations d. Health aids prescribed by a professional e. Worker’s compensation payments f. Cemetery lots for sepulchral purposes g. Property that the judgment debtor sold, mortgaged, or conveyed in trust, provided that the purchaser, mortgagee, or trustee identifies other property owned by the debtor that is sufficient to satisfy the execution h. Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor i. Certain insurance benefits j. Certain savings plans, including retirement and health savings plans k. College savings plans l. Certain consigned artwork
WRITS OF GARNISHMENT.
The post-judgment garnishment process is an available legal option for a judgment creditor to examine the relationship between a third party and the judgment debtor to ascertain if there are any debts or property owed. If any debts are revealed, 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
The utilization of garnishment after a judgment is contingent upon satisfying particular 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
Keep in mind that a post-judgment garnishment action is a separate legal action from the main case it intends to enforce. The third-party garnishee should be named as the defendant since it is an ancillary lawsuit. It should be filed in the same court that rendered the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To initiate garnishment proceedings, the garnishee must be served with the writ of garnishment. Although the defendant in the judgment is not a necessary party to the garnishment, they must receive a copy of the writ, the application, accompanying affidavits, and court orders shortly after the garnishee has been served. Furthermore, the defendant’s copy of the writ must communicate its contents effectively to a reasonably attentive person, using 12-point font or larger. Failing to provide adequate notice to the judgment debtor of the garnishment can result in a judgment being void, except for when the writ is being dissolved.
Banks as Garnishees for Writs of Garnishment
The address designated 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 file an application for registration with the Secretary of State and comply with the state’s foreign corporation laws, which include appointing an agent for process under Section 201.102. Texas financial institutions, on the other hand, may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
According to Tex. R. Civ. P. 663, the officer executing a writ of garnishment must provide a return that meets the citation requirements. It is recommended that the judgment creditor carefully examine the return prior to obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must comply with the same rules as citations in general. Courts have invalidated returns that do not indicate the method and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you locate a bank account or other debt that can be garnished from the judgment debtor and it is cost-effective to pursue it, you should file an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should contain important information, such as the original suit and judgment details, garnishee name, officers for service and address for service, and any available account names and numbers.
Collecting a judgment in Texas can be challenging, but Busby and Associates can help. They offer contingency-based services, which means you don’t pay anything upfront, and they only charge if 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. In Kimble County, they can also help you garnish a bank account or financial institution to recover the amount owed.