Texas Writs of Garnishment to Collect Judgment Liens from Kinney County, Texas
If you’re looking for legal assistance to collect a judgment in Kinney County, Texas, look no further than Busby & Associates. Our experienced 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 Kinney County
Properly recording and indexing an abstract of judgment creates a judgment lien on all of the judgment debtor’s nonexempt real property in Kinney County. To fix the lien, the abstract of judgment must be filed in every county where the lien is sought. If the judgment does not become dormant, the lien remains valid for ten years from the date of recordation and indexing. Final judgments can be used to create a lien, but interlocutory judgments cannot. If the judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed. The effect of the judgment creditor’s lien will not be nullified in the event of affirmance if the necessary steps to obtain the lien were taken prior to the appeal. These rules apply only to Texas state trial court judgments, and do not extend to the enforcement of judgments from other states or countries. Domestication of the judgment in Texas may be necessary to establish a lien in such cases.
Texas Abstract of Judgment
In Texas, the abstract of judgment for most cases can be prepared by the judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee. However, if it’s a small claims or justice court, the creditor cannot prepare their own abstract. Additionally, a federal court judgment requires the certificate of the clerk of the court. To abstract your judgment lien in Kinney County, Texas, head to the County Clerk’s office at 501 S Ann St, Brackettville, Texas 78832.
Creating an abstract of judgment in Texas requires including 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; failing to provide it may result in a penalty filing fee.
Recordation of Judgment Liens Abstract
When the debtor owns real property in Kinney County, the abstract of judgment must be recorded there. The Kinney County clerk receives the abstract and records it in the county’s real property records, including the date and time of documentation. The clerk is also required to 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.
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 are enforceable in Texas with the same degree of enforceability as judgments filed in the originating court. The foreign judgment holder must meet the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Kinney County is where the judgment lien attaches 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
After recording and indexing an abstract, a judgment lien remains valid for ten years, but it becomes dormant if no writ of execution is 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 state or state agency judgments do not become inactive and retain their enforcement power. A correctly filed 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.
Political subdivisions’ judgments may become dormant under dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, allows political subdivisions to revive the judgment at any time. Consequently, the political subdivision is not prohibited by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.
4. Child Support Judgments.
Any judgments pertaining to child support are exempted from the dormancy statute under § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to all such judgments regardless of when they were issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
When the constitution, statute, or any other legal rule does not exempt it, the execution can seize the judgment debtor’s property. 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 exempt property.
2. Property Exempt from Execution.
The following property categories are exempt from execution, regardless of whether they belong to a family or a single adult: 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 is a legal avenue available to a judgment creditor, enabling them to scrutinize the relationship between a third party and the judgment debtor to determine if there are any outstanding debts or property owed. If any debts are discovered, 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
The implementation of garnishment after a judgment is subject to certain prerequisites. Firstly, the creditor must hold 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 verify that, based on their knowledge, the judgment debtor does not have enough property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
A post-judgment garnishment action is a legal process that is distinct from the main case that it seeks 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.
The garnishment action begins with the service of the writ of garnishment on the garnishee. The defendant in judgment is not a necessary participant in the action, but they must receive a copy of the writ, application, affidavits, and court orders as soon as practical after the garnishee is served. The copy of the writ served to the defendant must include its contents in 12-point typeface and must be written in a way that informs a reasonably attentive person. Failure to provide the defendant with appropriate notice of the writ’s contents renders any judgment, except the one that dissolves the writ, void.
Banks as Garnishees for Writs of Garnishment
For the delivery of garnishment writs to garnishee banks, 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. Out-of-state financial institutions must comply with the state’s foreign corporation laws, including appointing 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.
A writ of garnishment can only be executed by an officer who provides a return complying with citation regulations, as set out in Tex. R. Civ. P. 663. The judgment creditor should inspect the return before seeking a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the same citation rules as other citations. Courts have rejected returns that do not reveal the method and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
In the event that you come across a bank account or other debt owed by the judgment debtor that can be garnished and it is deemed cost-effective to do so, you should submit an Application for Garnishment along with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit must provide the required information, such as the original suit and judgment information, garnishee name, officers for service and address for service, and account names and numbers, if available.
When it comes to collecting a judgment in Texas, Busby and Associates has got your back. Their contingency-based services allow you to recover what you’re owed without paying anything upfront. Judgments from other states with the debtor in Texas are evaluated on a case-by-case basis and may require a retainer. In Kinney County, they can also assist you in garnishing a bank account or financial institution to recover the amount owed.