Texas Writs of Garnishment to Collect Judgment Liens from Lampasas County, Texas

If you’re facing difficulties in collecting a judgment in Lampasas County, Texas, Busby & Associates is here to assist you. Our dedicated attorneys are skilled in the defense, collection, and enforcement of judgments, with a primary focus on garnishing bank accounts and financial institutions. Moreover, as experienced lawyers in consumer bankruptcy, family law, and divorce, we extend our support to both obligors and obligees involved in child support lien cases. We can also help with the domestication of foreign child support liens specific to Lampasas County, Texas. Reach out to us today, and we will guide you through the process, ensuring you collect the judgment you deserve.

Texas Judgment liens in Lampasas County

In Lampasas County, the proper establishment of a judgment lien holds considerable weight, acting as a lien on all nonexempt real property held by the judgment debtor. This lien is established through the meticulous recording and indexing of an abstract of judgment. It is crucial to file the abstract in each county where the lien’s establishment is sought. As long as the judgment remains active and does not become dormant, the lien remains valid for a period of ten years from the date of recordation and indexing. It is important to note that the judgment forming the basis of the lien must be final, with interlocutory judgments being ineligible. Even in cases where the judgment is under appeal or a supersedeas bond has been filed, the filing of an abstract of a final judgment is permissible. Moreover, if a judgment creditor has taken the necessary steps to secure the lien prior to the appeal, the appeal itself will not undermine the effectiveness of those actions in the event of affirmance. These regulations apply specifically to judgments issued by Texas state trial courts and do not extend to the enforcement of judgments from other states or foreign jurisdictions. In such instances, the domestication of the judgment in Texas is required prior to establishing a lien, followed by the potential filing of an abstract.

Texas Abstract of Judgment

In Texas, the abstract of judgment can be prepared by 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, the judgment creditor is not permitted to prepare their own abstract in small claims and justice courts. Furthermore, abstracts of federal court judgments require the certification of the clerk of the court. To abstract your judgment lien in Lampasas County, Texas, you can visit the County Clerk’s office located at 409 S Pecan St #201, Lampasas, Texas 76550.

Contents

When preparing a Texas abstract of judgment, it is vital to incorporate specific details in accordance with legal requirements. These details include accurately identifying the plaintiff and defendant by name, including the defendant’s birthdate (if known to the clerk of justice), and providing the last three digits of the defendant’s driver’s license and social security number (if available). Additionally, it is necessary to specify the suit number associated with the judgment, clearly indicate the defendant’s address, or provide comprehensive information about the nature of citation, including the date and place of service. The date on which the judgment was rendered must be included, along with the amount awarded and the outstanding balance. If applicable, any child support arrearage should be explicitly stated, along with the interest rate specified in the judgment. Moreover, the abstract of judgment must contain the mailing address for each plaintiff or judgment creditor. It is important to remember that failure to provide the mailing address may result in the imposition of a penalty filing fee. Lastly, the abstract prepared by the creditor’s attorney must be verified, and the use of unsworn declarations is strictly prohibited.

Recordation of Judgment Liens Abstract

In the case of the debtor possessing real property in Lampasas County, it is essential to register the abstract of judgment there. The Lampasas County clerk receives the abstract and records it in the county’s real property records, duly noting the date and time of recording. Moreover, the clerk is obligated to include the abstract in the alphabetical index to the real property records, enumerating the names of the plaintiff and defendant in the judgment, as well as the page number in which the abstract is documented.

Abstracts of Domesticated Judgment Liens.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that judgments filed under these Acts are treated as enforceable in Texas, just like judgments filed in the local court. The lien requirements must be fulfilled by the foreign judgment holder when domesticating the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

Lampasas County, being the county of recordation, is where the judgment lien binds all nonexempt real property owned by the defendant.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien continues for a period of 10 years from the date of recording and indexing the abstract, unless the judgment becomes dormant. Hence, it is essential to (1) keep the judgment active and (2) obtain and record a new abstract of judgment. If a judgment remains dormant, it can be revived by scire facias or by initiating an action of debt before the second anniversary of the date it becomes dormant.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains intact and does not go into dormancy. A properly filed abstract of judgment establishes a lien that remains effective for 20 years from the date of filing, and the lien can be extended for an additional 20-year period by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes can lead to political subdivisions’ judgments going dormant, but the revival statute, Civ. Prac. & Rem. Code § 31.006, permits political subdivisions to revive the judgment at any time. Hence, the political subdivision is not restricted by the statute of limitations and can revive the judgment even beyond the two-year dormancy period.

4.      Child Support Judgments.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code provides an exception to the dormancy statute for judgments related to child support, covering all such judgments regardless of their date of rendering.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless constitutionally, statutorily, or by any other legal rule exempted, the execution retains the authority to levy the judgment debtor’s property. Generally, the following categories of property are not exempt: a. Cash held or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any exempt property.

2.      Property Exempt from Execution.

Regardless of whether it pertains to a family or a single adult, execution cannot be carried out on property falling within the following categories: a) The homestead b) Personal property categorized under specific statutes, with a cumulative 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 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 previously sold, mortgaged, or conveyed in trust by the judgment debtor, provided the purchaser, mortgagee, or trustee identifies other property sufficient to satisfy the execution h) Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor i) Specific insurance benefits j) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Consigned artwork meeting specific criteria.

WRITS OF GARNISHMENT.

By utilizing the post-judgment garnishment process, a judgment creditor can inquire into the connection between a third party and the judgment debtor to ascertain if there are any funds or property owed to the debtor. If any debts or property are identified, the creditor (garnishor) can secure a garnishment judgment, compelling the third party (garnishee) to redirect payment to the garnishor rather than the judgment debtor.

Requirements to Issue

Garnishment is made available after a judgment only under certain circumstances. 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. Lastly, the creditor must declare, to the best of their knowledge, that the judgment debtor does not possess sufficient property in Texas that can be executed to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

When initiating a post-judgment garnishment action, it is crucial to recognize that it is a separate lawsuit independent of the main case it seeks to enforce. The third-party garnishee should be designated as the defendant, as it constitutes an ancillary legal proceeding. The application for post-judgment garnishment should be filed in the same court that issued the judgment for collection, albeit 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 initiate the garnishment process. While the judgment defendant is not essential to the garnishment action, it is necessary to serve them with a copy of the writ of garnishment, along with the application, accompanying affidavits, and court orders, as soon as practically possible after the garnishee has been served. Additionally, it is required that the copy of the writ served to the defendant includes its contents in 12-point type and is presented in a manner that effectively informs a reasonably attentive individual. Failure to provide proper notice to the judgment debtor renders any judgment, except one that dissolves the writ, null and void.

Banks as Garnishees for Writs of Garnishment

Delivery of garnishment writs to garnishee banks requires sending them to 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. Out-of-state financial institutions must complete the registration process with the Secretary of State by adhering to the state’s foreign corporation laws, which mandate appointing an agent for process under Section 201.102. In contrast, Texas financial institutions have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

The execution of a writ of garnishment requires the officer to submit a return that complies with the citation rules, as outlined in Tex. R. Civ. P. 663. It is crucial for the judgment creditor to carefully review the return before obtaining a garnishment judgment, particularly if it pertains to a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have found returns to be fatally defective when they fail to indicate the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

If you happen to discover a bank account or any other debt owed by the judgment debtor, which is eligible for garnishment and cost-effective to pursue, proceed with filing an Application for Garnishment accompanied by a supporting affidavit. The affidavit, signed by the judgment creditor’s attorney, should encompass pertinent details such as the original lawsuit and judgment information, the garnishee’s name, officers for service and their service address, as well as any available account names and numbers.

In your pursuit of collecting a judgment in Texas, let Busby and Associates lend a helping hand. They provide contingency-based services, ensuring you don’t have to pay anything upfront. For judgments from other states involving a debtor in Texas, they evaluate each case on an individual basis, and a retainer may be required. Additionally, if the judgment debtor and/or judgment is in Lampasas County, they can assist you in garnishing a bank account or financial institution to recover the owed amount.