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

When it comes to the collection of judgments in Lee County, Texas, Busby & Associates stands out as your reliable ally. Our competent attorneys are skilled in defending, collecting, and enforcing judgments, placing a particular emphasis on garnishing bank accounts and financial institutions. Moreover, we offer our expertise as consumer bankruptcy, family law, and divorce lawyers, extending our support to both obligors and obligees involved in child support lien cases. For those facing the challenge of domesticating foreign child support liens specific to Lee County, Texas, we have the necessary skills to assist you. If you are a judgment creditor struggling to receive payment and possess the debtor’s bank account number, do not hesitate to contact us. We will engage in a detailed discussion, explaining the process, and providing you with the guidance needed to collect your judgment when the debtor resides in Lee County, Texas.

Texas Judgment liens in Lee County

In Lee County, the proper fixation of a judgment lien carries significant weight, serving as a lien on the judgment debtor’s nonexempt real property. This lien is created through the accurate recording and indexing of an abstract of judgment. It is essential to file the abstract in each county where the fixation of the lien is sought. The lien remains valid for a duration of ten years from the date of recordation and indexing, provided the judgment remains active without becoming dormant. Importantly, the judgment upon which the lien is based must be final and not interlocutory. Even if the judgment is currently under appeal or a supersedeas bond has been filed, the filing of an abstract of a final judgment is still permissible. Furthermore, if a judgment creditor has taken the necessary measures to establish the lien prior to the appeal, the appeal will not undermine the effectiveness of those steps in the event of affirmance. These rules exclusively apply to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states or foreign jurisdictions. In cases involving foreign judgments, 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

Texas law allows 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, to prepare the abstract of judgment. However, in small claims and justice courts, the judgment creditor is prohibited from preparing their own abstract. Additionally, abstracts of federal court judgments require the certification of the clerk of the court. If you plan to abstract your judgment lien in Lee County, Texas, you can do so at the County Clerk’s office located at 849 E Richmond St, Giddings, Texas 78942.

Contents

In compliance with Texas laws, an abstract of judgment must incorporate specific details. These details include the names of the plaintiff and defendant, the defendant’s birthdate (if known to the clerk of justice), the last three digits of the defendant’s driver’s license and social security number (if available), the suit number in which the judgment was rendered, the defendant’s address or information regarding the citation’s nature, date, and place of service, the date of judgment, the amount for which the judgment was rendered and the remaining balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address of each plaintiff or judgment creditor. It is essential to verify the abstract prepared by the creditor’s attorney and refrain from using unsworn declarations.

Recordation of Judgment Liens Abstract

Recording the abstract of judgment becomes imperative in Lee County if the debtor has real property in that jurisdiction. It is the responsibility of the Lee County clerk to receive the abstract and accurately record it in the real property records of the county. Alongside recording the date and hour of the abstract’s inclusion, the clerk is mandated to list the names of each plaintiff and defendant mentioned in the judgment, along with the corresponding page number in the records where the abstract is officially documented.

Abstracts of Domesticated Judgment Liens.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act grant foreign judgments the same enforceability as judgments filed in the originating court, ensuring their recognition in Texas. 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

The judgment lien covers all nonexempt real property owned by the defendant and located in Lee County, which is recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

A judgment lien remains in effect for a period of 10 years subsequent to the recording and indexing of the abstract. However, if a writ of execution is not executed within a decade after the judgment is rendered, it enters a dormant state, thereby terminating the lien. Nevertheless, it is possible to revive a dormant judgment by means of scire facias or an action of debt initiated no later than the second anniversary of the judgment’s dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments does not diminish and remains in effect for the entire duration of the lien. By properly filing an abstract of judgment, a lien is created that lasts for 20 years from the filing date, and the lien’s lifespan can be extended for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may cause judgments of political subdivisions to become inactive, but the revival statute, Civ. Prac. & Rem. Code § 31.006, provides political subdivisions with the option to revive the judgment at any time. Therefore, the political subdivision is not limited by the statute of limitations and can revive the judgment beyond the two-year dormancy period.

4.      Child Support Judgments.

• 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes an exemption to the dormancy statute for judgments of child support, covering all such judgments, whether they were recently made or issued in the past.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The judgment debtor’s property is subject to levy by execution, provided it is not exempted by the constitution, statute, or any other legal rule. Typically, the following categories of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no protected property.

2.      Property Exempt from Execution.

Irrespective of whether it applies to a family or a single adult, property falling within the following categories is exempt from execution: a) The homestead b) Personal property belonging to various specified categories as defined by statute, up to a combined 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 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) Certain insurance benefits j) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment provides a means for a judgment creditor to investigate the potential financial obligations between a third party and the judgment debtor. Should any funds or property be owed to the debtor, the creditor (garnishor) can obtain a garnishment judgment, authorizing the third party (garnishee) to direct payments to the garnishor rather than the judgment debtor.

Requirements to Issue

To utilize garnishment after a judgment, specific prerequisites must be satisfied. 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. Lastly, the creditor must confirm that, to their knowledge, the judgment debtor does not possess enough property subject to execution in Texas to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is crucial to acknowledge that a post-judgment garnishment action represents an independent legal suit apart from the main case it seeks to enforce. The third-party garnishee should be named as the defendant to signify its involvement in an ancillary lawsuit. When filing for post-judgment garnishment, it should be done in the same court that rendered the judgment for collection, albeit under a different cause number.

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

The garnishee must be presented with the writ of garnishment, signaling the commencement of the garnishment action. In this context, it is important to highlight that the judgment defendant’s participation is not obligatory for the garnishment process. However, it is mandatory to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. Furthermore, this rule specifies that the copy of the writ served to the defendant must contain its contents in 12-point type and be delivered in a manner calculated to inform a reasonably attentive person. Any failure to provide the judgment debtor with proper notice of the garnishment results in any judgment, except one dissolving the writ, being considered null and void.

Banks as Garnishees for Writs of Garnishment

The address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State under Section 201.102 or 201.103 of the Finance Code serves as the delivery point for garnishment writs to garnishee banks. Out-of-state financial institutions must initiate the registration process with the Secretary of State, complying with the laws applicable to foreign corporations conducting business in the state. This entails designating an agent for process under Section 201.102. In contrast, Texas financial institutions have the option to submit a statement to the Secretary of State appointing an agent for process under Section 201.103.

Officer’s Return.

The officer tasked with executing a writ of garnishment is required to make a return that complies with the citation regulations, as specified in Tex. R. Civ. P. 663. The judgment creditor should inspect the return before obtaining a garnishment judgment, particularly in the case of default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have deemed returns to be fatally defective if they fail to indicate the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

Should you come across a bank account or other debt owed by the judgment debtor, analyze its potential for garnishment and consider its cost-effectiveness. If it proves to be financially viable, proceed by filing an Application for Garnishment, supported by an affidavit signed by the judgment creditor’s attorney. Make sure that the affidavit contains relevant information, including the original suit and judgment details, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Don’t let the challenge of collecting a judgment in Texas overwhelm you—Busby and Associates is here to help. Through their contingency-based services, you won’t have to worry about paying upfront. For judgments originating from other states with a Texas-based judgment debtor, they evaluate each case independently, often involving a retainer. In addition, if the judgment debtor and/or judgment is linked to Lee County, they possess the means to assist you in garnishing a bank account or financial institution.