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Live Oak County, George West, Texas

Live Oak County

Texas Writs of Garnishment to Collect Judgment Liens from Live Oak County, Texas

 

Collecting a judgment in Live Oak County, Texas, requires the expertise of seasoned professionals. Busby & Associates is a team of dedicated attorneys skilled in the defense, collection, and enforcement of judgments. Our comprehensive services include the garnishment of bank accounts and financial institutions, as well as legal support in consumer bankruptcy, family law, and divorce cases. Whether you’re an obligor or obligee dealing with a child support lien, we have the experience to provide effective assistance. Moreover, if you need help with the domestication of foreign child support liens specific to Live Oak County, Texas, we are here to guide you through the process. Reach out to us today, and let us help you collect what you’re owed.

Texas Judgment liens in Live Oak County

The efficacy of a judgment lien properly fixed in Live Oak County extends to encompass all nonexempt real property owned by the judgment debtor. By diligently recording and indexing an abstract of judgment, the creation of such a lien is achieved. It is crucial to file the abstract of judgment in each county where the lien is sought, ensuring its effectiveness. This lien remains valid for a period of ten years from the date of recordation and indexing, unless the judgment becomes dormant. To establish a lien, it is imperative that the underlying judgment is final and not interlocutory. However, even if the judgment is under appeal or a supersedeas bond has been filed, it is still possible to file an abstract of a final judgment. The steps taken by the judgment creditor to secure a lien before the appeal will not be nullified in the event of affirmance. It is important to note that these rules specifically apply to Texas state trial court judgments and do not encompass the enforcement of judgments from other states or foreign jurisdictions. In such cases, it is necessary to first domesticate the judgment in Texas to create a lien, followed by the potential filing of an abstract.

Texas Abstract of Judgment

Texas law permits 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 Live Oak County, Texas, you can do so at the County Clerk’s office situated at 301 Houston St, George West, Texas 78022.

Contents

When creating a Texas abstract of judgment, it is crucial to include specific details that are legally required. These details consist of the names of the plaintiff and defendant, the defendant’s birthdate (if accessible 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 the nature of citation along with the date and place of service, the date of judgment, the amount awarded and the remaining balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. Failure to provide the mailing address may result in the imposition of a penalty filing fee. Furthermore, it is important to note that the abstract prepared by the creditor’s attorney must be verified, and unsworn declarations are not admissible.

Recordation of Judgment Liens Abstract

When the debtor possesses real property in Live Oak County, it is essential to register the abstract of judgment in that specific jurisdiction. This responsibility lies with the Live Oak County clerk, who receives the abstract and records it in the county’s real property records, ensuring precise documentation of the date and hour of recordation. Additionally, the clerk must include the abstract in the alphabetical index to the real property records, clearly indicating the names of the plaintiff and defendant in the judgment, as well as the respective page number where the abstract is filed.

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 as enforceable in Texas as judgments filed in the court where they were initially rendered. The foreign judgment holder must adhere to the lien requirements when seeking to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property recorded in Live Oak County is subject to the judgment lien, encompassing all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien continues to be valid for a span of 10 years, commencing from the date of recording and indexing the abstract. Nonetheless, if the judgment becomes dormant, the lien is terminated. As a result, it is crucial to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment. A judgment enters a dormant state if a writ of execution is not issued within 10 years following its rendition. However, it can be revived by means of scire facias or by initiating an action of debt prior to the second anniversary of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains unaffected and does not become dormant. A valid abstract of judgment establishes a lien that remains in force for 20 years from the date of filing, and the lien’s duration can be extended for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments may go dormant under dormancy statutes, but the revival statute, Civ. Prac. & Rem. Code § 31.006, permits political subdivisions to revive the judgment at any time. Consequently, 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 provides 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.

Execution has the ability to seize the judgment debtor’s property, provided it is not exempted by the constitution, statute, or any other legal rule. Generally, the following types 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 do not have any exempt property.

2.      Property Exempt from Execution.

Exemption from execution, whether for a family or a single adult, is granted to property falling into the following categories: a) The homestead b) Personal property specified by statute within various categories, with a cumulative fair market value not exceeding $100,000.00 for a family or $50,000.00 for a single adult not belonging to a family c) Current wages for personal services, excluding child support, and unpaid commissions for personal services, up to twenty-five percent (25%) of the aggregate limitations of $50/$100,000 d) Professionally prescribed health aids e) Worker’s compensation payments f) Cemetery lots intended for sepulcher purposes g) Property sold, mortgaged, or conveyed in trust by the judgment debtor, if the purchaser, mortgagee, or trustee identifies sufficient alternative property to satisfy the execution h) Assets held by a trustee in 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.

Live Oak County

WRITS OF GARNISHMENT.

When a judgment creditor seeks to explore any potential debts or property owed to a judgment debtor by a third party, they can invoke the post-judgment garnishment process. Upon discovering such financial obligations, the creditor (garnishor) can secure a garnishment judgment, compelling the third party (garnishee) to redirect payments to the garnishor instead of the judgment debtor.

Requirements to Issue

To employ garnishment after a judgment, certain conditions must be satisfied. Firstly, the creditor must possess 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 confirm that, based on their knowledge, the judgment debtor does not have adequate property subject to execution in Texas to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Remember that a post-judgment garnishment action represents a distinct legal suit apart from the main case it intends to enforce. The third-party garnishee should be named as the defendant, highlighting its involvement in an ancillary lawsuit. It is important to file the application for post-judgment garnishment in the same court that issued the judgment to be collected, under a separate cause number.

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

To commence the garnishment action, the garnishee must receive the writ of garnishment. While the judgment defendant is not considered a necessary participant in the garnishment proceedings, it is mandatory to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders immediately after the garnishee has been served. Furthermore, it is stipulated 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 inform a reasonably attentive person. Failure to provide the judgment debtor with proper notice of the garnishment renders any judgment, except one dissolving the writ, invalid.

Banks as Garnishees for Writs of Garnishment

To ensure effective delivery, garnishment writs served on garnishee banks must be directed to the address designated 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 complying with the state’s foreign corporation laws, which require 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 officer tasked with executing a writ of garnishment is required to submit a return that meets the citation requirements, as outlined in Tex. R. Civ. P. 663. It is prudent for the judgment creditor to thoroughly review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the rules governing citations in general. Courts have deemed returns as 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

If you find a bank account or other debt owed by the judgment debtor that is eligible for garnishment and it is financially advantageous to pursue, complete the required documentation by filing an Application for Garnishment with a supporting affidavit, endorsed by the judgment creditor’s attorney. Make sure the affidavit includes relevant particulars, such as the original suit and judgment information, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Are you struggling with the collection of a judgment in Texas? Busby and Associates offer their expertise to ease your burden. Their contingency-based services eliminate the need for upfront payments. For judgments originating from other states involving a Texas-based judgment debtor, they review each case meticulously, occasionally necessitating a retainer. Additionally, in Live Oak County, they possess the knowledge and resources to help you garnish a bank account or financial institution for successful recovery.

 

 

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.