Texas Writs of Garnishment to Collect Judgment Liens from Kleberg County, Texas
Don’t let a debtor in Kleberg 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 Kleberg County
All nonexempt real property of a judgment debtor in Kleberg County is subject to a properly fixed judgment lien. Such a lien is established by recording and indexing an abstract of judgment in the relevant counties. This lien remains valid for ten years from the date of recordation and indexing, provided that the judgment remains non-dormant. Only final judgments, not interlocutory ones, can serve as the basis for a lien. In cases where a final judgment is being appealed or a supersedeas bond has been filed, an abstract can still be filed. If a judgment creditor has already taken the necessary steps to obtain a lien prior to the appeal, the appeal will not nullify their efforts in the event of affirmance. The rules and regulations laid out pertain solely to Texas state trial court judgments, and do not cover the enforcement of judgments from other states or countries. In such cases, domestication of the judgment in Texas may be necessary to establish a lien.
Texas Abstract of Judgment
If you’re looking to prepare an abstract of judgment in Texas, you can choose from a variety of professionals, including the judge, justice of the peace, clerk of the court, judgment creditor, his agent, attorney, or assignee. However, the judgment creditor is not authorized to prepare their own abstract for judgments rendered in small claims and justice courts. Also, abstracts of federal court judgments require the certification of the clerk of the court. If you’re in Kleberg County, Texas, you can abstract your judgment lien at the County Clerk’s office located at 700 E Kleberg Ave #111, Kingsville, Texas 78363.
To be considered valid, a Texas abstract of judgment must show the names of the parties involved, the defendant’s birthdate (if it’s available), the last three digits of the defendant’s driver’s license and social security number (if possible), the case number, the defendant’s address or citation’s nature and date and place of service, the date of judgment, the amount awarded, the balance due, any child support arrearage, the interest rate set by the judgment, and the mailing address of each plaintiff or judgment creditor. It’s important to note that an unverified abstract may not be accepted.
Recordation of Judgment Liens Abstract
To record the abstract of judgment, Kleberg County is the designated location when the debtor has real property there. The Kleberg County clerk records the abstract in the county’s real property records, mentioning the date and time of documentation. Furthermore, the clerk must 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 have the same enforceability as judgments filed in the court of origin. 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 defendant’s nonexempt real property recorded in Kleberg County is encumbered by the judgment lien, which encompasses all properties.
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 no writ of execution is 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. 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.
Judgments made by the state or a state agency remain active and do not become dormant. A valid abstract of judgment establishes a lien that lasts for 20 years from the date of filing, and the lien’s duration can be renewed for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Although judgments of political subdivisions may go dormant under dormancy statutes, the revival statute, Civ. Prac. & Rem. Code § 31.006, empowers political subdivisions to revive the judgment at any time. As a result, the political subdivision is not restricted by the statute of limitations and can revive the judgment beyond the two-year dormancy period.
4. Child Support Judgments.
The exemption for child support judgments from the dormancy statute is provided in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies to all such judgments, whether they were granted recently or in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution can seize the judgment debtor’s property if it is not protected by the constitution, statute, or any other legal rule. In most cases, 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.
Certain categories of property are exempt from execution, whether for a family or a single adult, which include: a) the homestead, b) personal property of various categories specified by law, up to an aggregate fair market value of $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 service (excluding child support payments) and unpaid commissions for personal services not to exceed 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 purposes of sepulcher, g) property that the judgment debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee points 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) certain insurance benefits, j) certain savings plans, including retirement benefits and health savings plans, k) college savings plans, and 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
Before garnishment after a judgment can be utilized, specific requirements must be met. Firstly, the creditor must have 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 affirm that, to the best of their knowledge, the judgment debtor does not have sufficient property in Texas subject to execution to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action is a separate lawsuit from the main case that it aims to enforce. The third-party garnishee should be designated as the defendant because it is an additional legal action. It should be filed in the same court that rendered the judgment to be collected, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action is initiated by serving the writ of garnishment on the garnishee. Although the defendant in judgment is not a necessary party to the action, 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
Garnishment writs 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, when served on garnishee banks. 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. 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.
The officer responsible for executing a writ of garnishment must provide a return that adheres to citation regulations as stated in Tex. R. Civ. P. 663. Before obtaining a garnishment judgment, particularly a default judgment, the judgment creditor should examine the return carefully. Returns in garnishment proceedings are governed by the same citation rules as other citations. Courts have deemed returns defective that fail to specify 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 economically viable, submit an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should contain relevant information, including original suit and judgment information, garnishee name, officers for service and address for service, and any available account names and numbers.
If you’re facing difficulties collecting a judgment in Texas, look no further than Busby and Associates. They offer contingency-based services that 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 Kleberg County, they can also help you garnish a bank account or financial institution to recover the amount owed.