Texas Writs of Garnishment to Collect Judgment Liens from Lamar County, Texas
When it comes to collecting a judgment in Lamar County, Texas, you need a team of experienced attorneys on your side. Busby & Associates is 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 Lamar County
A judgment lien fixed correctly is a lien on all of the judgment debtor’s nonexempt real property in Lamar County. An abstract of judgment must be filed and indexed in each county where the lien is sought to be fixed to create a judgment lien. If the judgment is not dormant, this lien will remain valid for ten years from the date of recordation and indexing. The judgment on which the lien is based must be final and not interlocutory. An abstract can be filed on a final judgment if the judgment is being appealed or a supersedeas bond has been filed. Even if the judgment is appealed, taking the necessary steps to obtain a lien before the appeal will not affect the validity of the lien in case of affirmance. These rules apply only to Texas state trial court judgments, and for other state or foreign judgments, domestication in Texas is necessary before creating a lien.
Texas Abstract of Judgment
If you need 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. In small claims and justice courts, however, the judgment creditor is not allowed to prepare their own abstract. It’s important to note that the abstracts of federal court judgments require the clerk of the court’s certification. To abstract your judgment lien in Lamar County, Texas, go to the County Clerk’s office at 119 N Main St, Paris, Texas 75460.
To be considered legally binding, a Texas abstract of judgment must have certain information, such as the names of the plaintiff and defendant, the defendant’s birthdate (if known), the last three digits of the defendant’s driver’s license and social security number (if available), the case number, the defendant’s address or service of citation, the date of judgment, the amount awarded, the balance due, any child support arrearage, the interest rate specified in the judgment, and the mailing address of each plaintiff or judgment creditor.
Recordation of Judgment Liens Abstract
Lamar County is the designated location for recording the abstract of judgment when the debtor possesses real property there. The Lamar County clerk records the abstract in the county’s real property records, documenting the date and time of documentation. Furthermore, the clerk must list the abstract in the alphabetical index to the real property records, specifying 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 foreign judgment holder must adhere to the lien requirements to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Lamar County is the jurisdiction where the judgment lien is attached 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
To maintain the validity of a judgment lien, you must keep the judgment active and record a new abstract of judgment within ten years of its original recording and indexing. If no writ of execution is issued within ten years of its rendition, the judgment becomes dormant. 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.
State or state agency judgments do not become dormant and retain their enforcement power. An abstract of judgment that has been filed correctly creates a lien that lasts for 20 years from the date of filing, and the lien’s lifespan can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
While dormancy statutes can render judgments of political subdivisions inactive, the revival statute, Civ. Prac. & Rem. Code § 31.006, provides political subdivisions with the ability to revive the judgment at any time. Thus, the political subdivision is not limited by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.
4. Child Support Judgments.
All child support judgments are excepted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies to all such judgments irrespective of their date of issuance or rendering.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property can be seized by the execution, except for the property that is 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.
The following property categories are exempt from execution, whether owned by a family or a single adult: a) The homestead, b) Personal property of various categories as 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 services, excluding child support payments, and unpaid commissions for personal services, not exceeding 25% of the $50/$100,000 aggregate limitations, d) Professionally prescribed health aids, e) Worker’s compensation payments, f) Cemetery lots for sepulcher purposes, g) Property that the debtor sold, mortgaged, or conveyed in trust if the purchaser, mortgagee, or trustee points out other property of 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 debtor, i) Certain insurance benefits, and j) Certain savings plans, including retirement and health savings plans, k) College Savings Plans, and l) Certain consigned artwork.
WRITS OF GARNISHMENT.
To determine if a third party owes any funds or property to a judgment debtor, a judgment creditor can use the post-judgment garnishment procedure. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to pay funds to the garnishor rather than to the debtor.
Requirements to Issue
To employ garnishment after a judgment, certain conditions must be 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. Finally, the creditor must attest that, based on their knowledge, the judgment debtor does not possess sufficient 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 proceeding from the main case it intends to enforce. The third-party garnishee should be identified as the defendant since it is an additional lawsuit. It should be submitted in the same court that issued the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee must be served with the writ of garnishment to start the garnishment action. 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
The address indicated 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 delivering garnishment writs to 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. Conversely, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The officer who carries out a writ of garnishment must submit a return that satisfies citation regulations, as required by Tex. R. Civ. P. 663. It is advisable for the judgment creditor to carefully examine the return before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the same citation rules as other citations. Courts have invalidated returns that do not reveal the method and location of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you find a bank account or other debt owed by the judgment debtor that can be garnished and it is deemed cost-effective to do so, file an Application for Garnishment with a supporting affidavit that is signed by the judgment creditor’s attorney. The affidavit should include pertinent 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 are the skilled team. They offer contingency-based services that don’t require you to 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 Lamar County, they can also help you garnish a bank account or financial institution to recover the amount owed.