Texas Writs of Garnishment to Collect Judgment Liens from Lipscomb County, Texas
In Lipscomb County, Texas, when it comes to the collection of judgments, Busby & Associates is the trusted name you can rely on. Our accomplished attorneys are skilled in the defense, collection, and enforcement of judgments, with a particular emphasis on garnishing bank accounts and financial institutions. As skilled consumer bankruptcy, family law, and divorce lawyers, we also offer our services to those facing child support lien cases, representing both obligors and obligees. Furthermore, if you require assistance with the domestication of foreign child support liens specific to Lipscomb County, Texas, we are well-equipped to assist you. Contact us today, and we’ll work closely with you to ensure the successful collection of your judgment.
Texas Judgment liens in Lipscomb County
In Lipscomb County, the proper fixation of a judgment lien holds the key to encumbering all of the judgment debtor’s nonexempt real property. By meticulously recording and indexing an abstract of judgment, the establishment of such a lien is realized. Each county where the judgment lien is intended to be fixed must receive the filed abstract of judgment. Unless the judgment goes dormant, this lien remains effective for a period of ten years from the date of recordation and indexing. It is essential to note that the judgment serving as the foundation for the lien must be final and not interlocutory. Moreover, even in situations where the judgment is currently under appeal or a supersedeas bond has been submitted, it is still possible to file an abstract of a final judgment. The diligent steps taken by the judgment creditor to secure the lien before the appeal will retain their effect in the event of affirmance. These guidelines specifically pertain to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states or foreign jurisdictions. In such instances, the domestication of the judgment in Texas is a prerequisite for creating a lien, which can be followed by filing an abstract.
Texas Abstract of Judgment
The abstract of judgment in Texas can be prepared by the judge, justice of the peace, clerk of the court, or the designated representative of the judgment creditor, such as their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Moreover, abstracts of federal court judgments necessitate the certification of the clerk of the court. To abstract your judgment lien in Lipscomb County, Texas, make a visit to the County Clerk’s office located at 101 Main St, Lipscomb, Texas 79056.
Contents
When compiling a Texas abstract of judgment, it is essential to incorporate specific components to ensure its validity. These components encompass providing the names of the plaintiff and defendant, disclosing the defendant’s birthdate if known to the clerk of justice, and including the last three digits of the defendant’s driver’s license and social security number if accessible. Additionally, it is crucial to mention the suit number in which the judgment was rendered, detailing the defendant’s address or providing information about the citation’s nature, date, and place of service. The date on which the judgment was rendered should be clearly stated, along with the total amount for which the judgment was rendered and the remaining balance. It is also necessary to specify any child support arrearage and the interest rate specified in the judgment. Furthermore, the abstract of judgment must include the mailing address for each plaintiff or judgment creditor, as failure to do so may result in the imposition of a penalty filing fee. It is important to note that the abstract must be verified by the creditor’s attorney and that unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
Lipscomb County serves as the designated location for recording the abstract of judgment when the debtor holds real property there. The Lipscomb County clerk takes charge of this task by receiving the abstract and recording it in the county’s real property records, accurately annotating the date and time of recordation. Moreover, the clerk is obligated to enter the abstract into the alphabetical index of the real property records, providing relevant details such as the names of each plaintiff and defendant involved in the judgment, as well as the corresponding page number where the abstract is officially recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act establish that judgments filed under these Acts can be enforced in Texas to the same extent as judgments filed in the court where they were originally entered. The domestication of a foreign judgment in Texas necessitates the foreign judgment holder’s fulfillment of the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
Lipscomb County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To preserve the judgment lien, it is essential to record and index an abstract, which remains effective for a period of 10 years. However, if the judgment becomes dormant, the lien ceases to exist. Therefore, one must (1) ensure the judgment remains active and (2) obtain and record a new abstract of judgment. A judgment enters a dormant state if a writ of execution is not executed within 10 years from the time of its rendering. However, it can be revived through scire facias or by initiating an action of debt within two years of dormancy.
2. State or State Agency Judgments.
Judgments issued by the state or a state agency do not lose their enforceability and remain valid for the entire duration of the lien. An abstract of judgment, when properly filed, 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.
Dormancy statutes can render judgments of political subdivisions inactive, 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 even beyond the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is eligible for execution levy unless exempted by the constitution, statute, or any other legal rule. In most cases, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their associated motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations possess no protected property.
2. Property Exempt from Execution.
The execution of property is exempt for both families and single adults in the following categories: a) The homestead b) Personal property falling under defined statutory categories, with a combined fair market value not exceeding $100,000.00 for families or $50,000.00 for single adults not belonging to a family c) Current wages for personal service (excluding child support) and unpaid commissions, limited to 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 sufficient alternative property 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) Consigned artwork meeting specific criteria.
WRITS OF GARNISHMENT.
The post-judgment garnishment is a procedural recourse available to a judgment creditor, granting them the authority to investigate the connection between a third party and the judgment debtor to determine if there are any funds or property owed to the debtor. In the event that such debts exist, the creditor (garnishor) can obtain a garnishment judgment, stipulating that the third party (garnishee) is to render payments to the garnishor rather than the judgment debtor.
Requirements to Issue
The availability of garnishment following a judgment hinges on specific criteria being fulfilled. 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 declare, to the best of their knowledge, that the judgment debtor does not possess enough property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is crucial to note that a post-judgment garnishment action constitutes a separate legal proceeding from the main case it aims to enforce. The third-party garnishee should be designated as the defendant in this additional lawsuit. The application for post-judgment garnishment should be filed in the same court that rendered the judgment to be collected, with a different cause number assigned.
Service of the writ of garnishment/notice to judgment debtor.
The garnishee is to be served with the writ of garnishment, which initiates the garnishment action. While the judgment defendant is not deemed an essential party to the garnishment, it is necessary 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 requires that the copy of the writ served to the defendant contains its contents in 12-point type and is communicated in a manner calculated to inform a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding the garnishment deprives any judgment, other than one dissolving the writ, of its legal effect.
Banks as Garnishees for Writs of Garnishment
The proper delivery of garnishment writs to garnishee banks necessitates sending them to 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. Out-of-state financial institutions seeking registration with the Secretary of State must adhere to the state’s foreign corporation laws, including appointing an agent for process under Section 201.102. In contrast, Texas financial institutions have the choice to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
Officer’s Return.
Tex. R. Civ. P. 663 mandates that the officer executing a writ of garnishment must provide a return that satisfies the citation guidelines. It is recommended for the judgment creditor to inspect the return closely before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must conform to the same rules as other citations. Courts have held returns to be fatally defective if they do not specify the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Once you discover a bank account or any other debt owed by the judgment debtor that can be garnished and it is determined to be cost-effective, proceed with filing an Application for Garnishment, accompanied by a supporting affidavit. The affidavit, signed by the judgment creditor’s attorney, should provide necessary information, such as the original suit and judgment details, the garnishee’s name, officers for service and their service address, and any available account names and numbers.
Need assistance in collecting your judgment in Texas? Busby and Associates is here to help. With their contingency-based services, you can proceed without any upfront expenses. When it comes to judgments from other states with a judgment debtor in Texas, they carefully evaluate each case individually, potentially requiring a retainer. Moreover, if the judgment debtor and/or judgment is associated with Lipscomb County, they can guide you in garnishing a bank account or financial institution.
