Texas Writs of Garnishment to Collect Judgment Liens from La Salle County, Texas

At Busby & Associates, we take pride in our ability to defend, collect, and enforce judgments in La Salle County, Texas. While our main emphasis lies in garnishing bank accounts and financial institutions, we also offer our services as consumer bankruptcy, family law, and divorce attorneys. In matters related to child support liens, we stand by both the obligors and obligees, providing assistance in collections prosecution and defense. Furthermore, if you require the domestication of foreign child support liens specific to La Salle County, Texas, we have got you covered. If you find yourself as a judgment creditor struggling to receive payment, especially when you possess the debtor’s bank account number, feel free to contact us. We will walk you through the process, offering guidance and support in collecting your judgment when the debtor resides in La Salle County, Texas.

Texas Judgment liens in La Salle County

La Salle County recognizes the significance of properly establishing a judgment lien, which operates as a lien on all nonexempt real property belonging to the judgment debtor. To create such a lien, one must diligently record and index an abstract of judgment. It is imperative to file the abstract in each county where the lien’s fixation is sought. The duration of the lien extends for ten years from the date of recordation and indexing, provided the judgment does not become dormant. Notably, the judgment underlying the lien must be final, with interlocutory judgments being excluded. Even if the judgment is subject to appeal or a supersedeas bond has been filed, the option to file an abstract of a final judgment remains available. Furthermore, if a judgment creditor has taken the necessary steps to secure the lien before the appeal, the appeal itself will not nullify the impact of those steps in the event of affirmance. These rules exclusively apply to judgments rendered by Texas state trial courts and do not encompass the enforcement of judgments from other states or foreign jurisdictions. In such cases, it becomes necessary to domesticate the judgment in Texas before creating a lien, followed by the potential filing of an abstract.

Texas Abstract of Judgment

The preparation of the abstract of judgment in Texas is allowed by different parties, including the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, such as their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not authorized to prepare their own abstract. Additionally, abstracts of federal court judgments require the certification of the clerk of the court. If you need to abstract your judgment lien in La Salle County, Texas, you can do so at the County Clerk’s office located at 101 Courthouse Square, Cotulla, Texas 78014.

Contents

Creating a Texas abstract of judgment requires careful consideration of specific elements to ensure compliance with legal regulations. These elements consist of accurately identifying the plaintiff and defendant by name, including the defendant’s birthdate (if accessible to the clerk of justice), and disclosing the last three digits of the defendant’s driver’s license and social security number (if obtainable). Additionally, it is crucial to indicate the suit number under which the judgment was rendered, specify the defendant’s address, or provide detailed information about the nature of citation along with the date and place of service. The date of judgment must be clearly mentioned, along with the amount awarded and the outstanding balance. If applicable, any child support arrearage should be clearly stated, along with the interest rate specified in the judgment. Furthermore, the abstract of judgment must include the mailing address for each plaintiff or judgment creditor. Failure to provide this information may result in the imposition of a penalty filing fee. It is also important to note that the abstract prepared by the creditor’s attorney must be verified, and unsworn declarations are not admissible.

Recordation of Judgment Liens Abstract

Proper recording of the abstract of judgment mandates its inclusion in La Salle County if the debtor holds real property there. The abstract is submitted to the La Salle County clerk, who proceeds to record it in the county’s real property records, accurately noting the exact day and hour of its recordation. Concurrently, the clerk is responsible for entering the abstract in the alphabetical index to the real property records, indicating the names of all plaintiffs and defendants involved in the judgment, along with the corresponding page number of its recording.

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 originating court, making them eligible for enforcement in Texas. 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 in La Salle County, as registered in the county, is subject to the judgment lien encompassing all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To preserve the judgment lien, one must ensure its active status and record a new abstract of judgment within 10 years of recording and indexing the initial abstract. Failure to issue a writ of execution within the specified period renders the judgment dormant. However, a dormant judgment can be revived by means of scire facias or an action of debt filed within two years of dormancy.

2.      State or State Agency Judgments.

State or state agency judgments do not lose their legal validity and do not become dormant. By properly filing an abstract of judgment, a lien is created that lasts for 20 years from the date of filing, and the lien can be renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments may become inactive in accordance with 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 barred by the statute of limitations and can revive the judgment beyond the two-year dormancy period.

4.      Child Support Judgments.

All judgments for child support are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to all such judgments irrespective of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution may seize the judgment debtor’s property, unless it is exempted by the constitution, statute, or any other legal rule. Typically, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and associated motors and trailers; c. Collections comprising stamps, coins, etc.; d. Investments, including stocks, bonds, or notes; e. f. Airplanes. Corporations have no protected property.

2.      Property Exempt from Execution.

Both families and single adults are entitled to exemption from execution for property falling under the following categories: a) The homestead b) Personal property falling within specified statutory categories, up to a total 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) and unpaid commissions for personal services, not exceeding 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 by the judgment debtor, provided that the purchaser, mortgagee, or trustee points out other property belonging to the debtor that is 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment procedure grants a judgment creditor the ability to investigate the relationship between a third party and the judgment debtor, aiming to discover any funds or property owed to the debtor. In the event of identifying such debts, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to remit payment to the garnishor instead of the judgment debtor.

Requirements to Issue

After a judgment is rendered, garnishment can be utilized provided that specific conditions are 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. Lastly, the creditor must assert that, to their knowledge, the judgment debtor does not possess in Texas enough property subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is important to bear in mind that a post-judgment garnishment action stands as a distinct legal suit detached from the main case it intends to enforce. As an ancillary lawsuit, the third-party garnishee should be named as the defendant. The application for post-judgment garnishment should be submitted in the same court that rendered the judgment to be collected, albeit under a different cause number.

Service of the writ of garnishment/notice to judgment debtor.

The garnishee is to receive the writ of garnishment, thereby commencing the garnishment action. Although the judgment defendant is not an obligatory party in the garnishment proceedings, they must receive a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. This rule further dictates that the copy of the writ served to the defendant must contain its contents in 12-point type and be communicated in a manner that effectively advises a reasonably attentive person. Failure to provide proper notice to the judgment debtor of their property being garnished renders any judgment, except one that dissolves the writ, invalid.

Banks as Garnishees for Writs of Garnishment

To ensure the proper delivery of garnishment writs to garnishee banks, they must be directed to 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. Out-of-state financial institutions must fulfill the registration requirements with the Secretary of State and comply with the state’s foreign corporation laws, which include designating an agent for process under Section 201.102. Conversely, Texas financial institutions have the authority to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

In accordance with Tex. R. Civ. P. 663, the officer responsible for carrying out a writ of garnishment must file a return that meets the citation requirements. It is advisable for the judgment creditor to thoroughly inspect the return before obtaining a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings are subject to the rules that apply to citations in general. Courts have deemed returns to be fatally defective if they do not indicate the method of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

Once you identify a bank account or another debt owed by the judgment debtor, assess its viability for garnishment and determine if it is economically advantageous to proceed. If so, complete an Application for Garnishment, supported by a signed affidavit from the judgment creditor’s attorney. Ensure that the affidavit includes essential information such as the original suit and judgment details, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Allow Busby and Associates to assist you in the collection of your judgment, Texas-style. With their contingency-based services, you won’t have to worry about upfront costs. Regarding judgments from other states with a Texas-based judgment debtor, they carefully review each case on its own merits, often necessitating a retainer. Furthermore, in La Salle County, they possess the expertise to help you garnish a bank account or financial institution and reclaim what is rightfully yours.