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

Don’t let the frustration of an unpaid judgment weigh you down. Busby & Associates is here to support you in collecting what you’re owed in Limestone County, Texas. Our dedicated attorneys are skilled in defending, collecting, and enforcing judgments, including the garnishment of bank accounts and financial institutions. As skilled consumer bankruptcy, family law, and divorce lawyers, we also extend our services to assisting both obligors and obligees involved in child support lien cases. Additionally, we can help with the domestication of foreign child support liens specific to Limestone County, Texas. Contact us today for a consultation, and we’ll provide the guidance you need to recover your judgment.

Texas Judgment liens in Limestone County

The effectiveness of a properly fixed judgment lien in Limestone County lies in its ability to attach to all nonexempt real property belonging to the judgment debtor. By adhering to the prescribed procedures of recording and indexing an abstract of judgment, this lien can be established. It is vital to file the abstract of judgment in each county where the fixation of the lien is sought. The lien remains in force for a period of ten years from the date of recordation and indexing, provided the judgment does not become dormant. Importantly, the underlying judgment must be final and not interlocutory for the lien to be valid. Even in cases where the judgment is being appealed or a supersedeas bond has been filed, an abstract of a final judgment can still be filed. The diligent efforts undertaken by the judgment creditor to obtain the lien before the appeal will not be rendered ineffective in the event of affirmance. These rules apply exclusively to judgments rendered by Texas state trial courts and do not extend to the enforcement of judgments from other states or foreign jurisdictions. In situations involving foreign judgments, it becomes necessary to domesticate the judgment in Texas before a lien can be established, followed by the potential filing of an abstract.

Texas Abstract of Judgment

In Texas, the abstract of judgment may be prepared by the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, the judgment creditor is not allowed to prepare their own abstract in small claims and justice courts. Additionally, abstracts of federal court judgments require the certification of the clerk of the court. To abstract your judgment lien in Limestone County, Texas, you can visit the County Clerk’s office at 200 W State St # 102, Groesbeck, Texas 76642.

Contents

To ensure compliance with Texas regulations, an abstract of judgment must contain specific information. This includes 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 citation details including the date and place of service, the date of judgment, the awarded amount 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 crucial to include the verified abstract prepared by the creditor’s attorney and refrain from using unsworn declarations.

Recordation of Judgment Liens Abstract

In Limestone County, the abstract of judgment should be recorded to maintain proper legal records when the debtor possesses real property there. The Limestone County clerk plays a vital role in this process by receiving the abstract and recording it meticulously in the county’s real property records, making note of the specific day and hour of recordation. Furthermore, the clerk is responsible for incorporating the abstract into the alphabetical index of the real property records, indicating the names of both the plaintiff and defendant in the judgment, along with the designated page number for the abstract’s official record.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act enjoy the same enforceability as judgments filed in the court where they were issued. 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 judgment lien is enforceable on all nonexempt real property owned by the defendant and located in Limestone County, as recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien’s effectiveness lasts for 10 years starting from the date of recording and indexing the abstract. However, if the judgment becomes dormant, the lien comes to an end. Hence, it is imperative to (1) maintain the judgment’s active state and (2) acquire and record a new abstract of judgment. A judgment is considered dormant if a writ of execution is not issued within 10 years from its rendition. Nevertheless, it can be revived through scire facias or by commencing an action of debt within two years from the date of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments does not expire and remains active for the entire lifespan of the lien. A properly submitted abstract of judgment establishes a lien that lasts for 20 years from the filing date, and the lien’s duration can be renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

While judgments of political subdivisions may become dormant in accordance with dormancy statutes, the revival statute, Civ. Prac. & Rem. Code § 31.006, allows political subdivisions to revive the judgment at any time. Thus, the political subdivision is not precluded 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.

Unless otherwise exempted by the constitution, statute, or any other legal rule, the execution is empowered to seize the judgment debtor’s property. Typically, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats along with their motors and trailers; c. Collections comprising stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no exempt property.

2.      Property Exempt from Execution.

Whether for a family or a single adult, certain categories of property enjoy exemption from execution. These categories include: 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 c) Current wages for personal service (excluding child support) and unpaid commissions, 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 the purchaser, mortgagee, or trustee identifies other property 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 l) Certain consigned artwork.

WRITS OF GARNISHMENT.

By means of the post-judgment garnishment process, a judgment creditor gains the ability to delve into the relationship between a third party and the judgment debtor, with the purpose of ascertaining any funds or property owed to the debtor. Upon identifying such debts, the creditor (garnishor) can secure a garnishment judgment, directing the third party (garnishee) to transfer payments to the garnishor rather than the judgment debtor.

Requirements to Issue

After a judgment is issued, garnishment can be utilized as long as certain prerequisites are met. Firstly, the creditor must hold 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 state that, based on their knowledge, the judgment debtor does not have sufficient property in Texas that can be executed to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action should be recognized as an independent suit from the main case it seeks to enforce. The third-party garnishee should be brought forward as the defendant, as it involves an ancillary legal process. It is crucial to file the application for post-judgment garnishment in the same court that issued the judgment to be collected, but with a different cause number.

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

The writ of garnishment is to be served on the garnishee to initiate the garnishment process. While the judgment defendant is not a necessary party to the garnishment action, it is imperative to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically feasible after the garnishee has been served. Furthermore, this rule stipulates that the copy of the writ served to the defendant must include its contents in 12-point type and must be presented in a manner intended to apprise a reasonably attentive person of its contents. Failure to provide proper notice to the judgment debtor concerning their property being garnished renders any judgment, except for one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

Garnishment writs served on garnishee banks shall be delivered to the address specified as the registered agent of the financial institution in its registration statement, as stated in Section 201.102 or 201.103 of the Finance Code. To register with the Secretary of State, out-of-state financial institutions must comply with the state’s foreign corporation laws, which mandate appointing an agent for process under Section 201.102. Conversely, Texas financial institutions may appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

As per Tex. R. Civ. P. 663, the officer responsible for implementing a writ of garnishment is required to present a return that adheres to the citation regulations. It is important for the judgment creditor to carefully review the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have invalidated returns that fail to show the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

If you come across a bank account or other debt owed by the judgment debtor that meets the criteria for garnishment and is financially feasible, initiate the process by filing an Application for Garnishment along with a supporting affidavit, bearing the signature of the judgment creditor’s attorney. Ensure that the affidavit includes essential particulars, including the original suit and judgment information, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Let Busby and Associates take the burden off your shoulders when it comes to collecting a judgment in Texas. Their contingency-based services mean you don’t have to worry about upfront costs. For judgments from other states involving a Texas-based judgment debtor, they assess each case separately, often necessitating a retainer. Additionally, in Limestone County, they have the proficiency to assist you in garnishing a bank account or financial institution for maximum recovery.