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

When it comes to the collection of judgments in Loving County, Texas, Busby & Associates has a proven track record of success. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we are well-equipped to assist both obligors and obligees involved in child support lien cases. Moreover, we offer our services for the domestication of foreign child support liens specific to Loving County, Texas. Reach out to us today, and let our team provide you with the guidance and support you need to effectively collect your judgment.

Texas Judgment liens in Loving County

In Loving County, a judgment lien, when properly established, serves as a lien on all nonexempt real property owned by the judgment debtor. The creation of this lien requires the accurate recording and indexing of an abstract of judgment. It is necessary to file the abstract of judgment in each county where the judgment lien is to be fixed. The lien remains effective for a duration of ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is crucial to note that the judgment on which the lien is based must be final and not interlocutory. However, in cases where the judgment is under appeal or a supersedeas bond has been filed, it is still possible to file an abstract on a final judgment. Furthermore, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the appeal itself will not nullify the effect of those steps in the event of affirmance. These rules specifically apply to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states or foreign jurisdictions. To enforce judgments from other states or foreign jurisdictions, it is necessary to first domesticate the judgment in Texas to create a lien, followed by the potential filing of an abstract of judgment.

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, 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 Loving County, Texas, you can visit the County Clerk’s office located at 100 Bell St, Mentone, Texas 79754.

Contents

When preparing a Texas abstract of judgment, it is necessary to include specific details to adhere to legal requirements. These details consist of the names of the plaintiff and defendant, the defendant’s birthdate (if known by the clerk of justice), the last three numbers of the defendant’s driver’s license (if available), the last three numbers of the defendant’s social security number (if available), the suit number in which the judgment was rendered, the defendant’s address (or the nature of citation, date, and place of service if the address is not shown in the suit), the date of the judgment, the amount and balance due for the judgment, the amount of any child support arrearage, and the interest rate specified in the judgment. Additionally, the abstract of judgment must include the mailing address for each plaintiff or judgment creditor. Failure to provide the mailing address may result in a penalty filing fee. It is important to note that the abstract prepared by the creditor’s attorney must be verified, and unsworn declarations are not permitted.

Recordation of Judgment Liens Abstract

For the debtor with real property, it is imperative to record the abstract of judgment in Loving County. The Loving County clerk receives the abstract and proceeds to record it meticulously in the county’s real property records, making a careful note of the date and time of recordation. Simultaneously, the clerk is obliged to include the abstract in the alphabetical index to the real property records, listing the names of the plaintiff and defendant in the judgment, along with the corresponding page number where the abstract is recorded.

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 hold the same enforceability as judgments filed in the court where they were originally submitted. To domesticate a foreign judgment in Texas, the foreign judgment holder must fulfill the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien binds all nonexempt real property owned by the defendant in Loving County, the county of recordation.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

Following the recording and indexing of an abstract, the judgment lien retains its validity for a period of 10 years, unless it enters a dormant state. To uphold the lien, it is necessary to (1) ensure the judgment remains active and (2) obtain and record a new abstract of judgment. If the judgment becomes dormant, it can be revived through either scire facias or an action of debt, provided it is initiated no later than the second anniversary of the judgment’s dormancy.

2.      State or State Agency Judgments.

Judgments rendered by the state or a state agency do not go dormant and retain their enforceability. A duly filed abstract of judgment establishes a lien that remains valid for 20 years from the date of filing, and the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may result in the dormancy of judgments pertaining to political subdivisions; however, according to the revival statute (Civ. Prac. & Rem. Code § 31.006), political subdivisions are not bound by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any given time, extending beyond the two-year dormancy period.

4.      Child Support Judgments.

Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code contains a provision that specifically excludes judgments for child support from the dormancy statute, applicable to all child support judgments regardless of when they were rendered.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by the constitution, statute, or any other legal provision, the execution can enforce a levy on the judgment debtor’s property. 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 do not possess any exempt property.

2.      Property Exempt from Execution.

The execution of property, whether for a family or a single adult, does not encompass the following categories: a) The homestead b) Personal property falling within specified statutory categories, with an aggregate fair market value not exceeding $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, limited 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 held for sepulcher purposes g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, provided that 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment serves as a procedural avenue for a judgment creditor to delve into the connection between a third party and the judgment debtor, in order to determine whether any funds or property are owed to the debtor. Upon discovering such debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to transfer payments to the garnishor instead of the judgment debtor.

Requirements to Issue

The option of garnishment becomes available after a judgment is obtained, provided that certain conditions are 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 verify, to the best of their knowledge, that the judgment debtor does not possess adequate property in Texas that can be executed to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action should be understood as a distinct legal proceeding from the main case it seeks to enforce. The third-party garnishee should be named as the defendant, as it constitutes an ancillary lawsuit. The application for post-judgment garnishment should be filed in the same court that issued the judgment to be collected, but under a different cause number.

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

The garnishee must receive the writ of garnishment to initiate the garnishment process. Although the judgment defendant is not a necessary party in the garnishment action, they must be served with a copy of the writ of garnishment, along with the application, accompanying affidavits, and court orders, as soon as practically feasible after the garnishee has been served. Additionally, it is required that the copy of the writ served to the defendant contains its contents in 12-point type and is presented in a manner intended to advise a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding the garnishment renders any judgment, except one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

The designated address of the financial institution’s registered agent, as provided in its registration statement under Section 201.102 or 201.103 of the Finance Code, serves as the delivery point for garnishment writs served on garnishee banks. Out-of-state financial institutions must comply with the state’s foreign corporation laws and submit an application for registration with the Secretary of State, which includes appointing an agent for process under Section 201.102. Conversely, Texas financial institutions have the option to appoint an agent for process by filing a statement with the Secretary of State under Section 201.103.

Officer’s Return.

The officer who carries out a writ of garnishment is required to submit a return in accordance with the citation rules stated in Tex. R. Civ. P. 663. It is crucial for the judgment creditor to thoroughly assess the return before obtaining a garnishment judgment, particularly in cases of default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have invalidated returns that fail to demonstrate the method of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

In the event of locating a bank account or other debt owed by the judgment debtor suitable for garnishment, and upon confirming its cost-effectiveness, file an Application for Garnishment supported by a signed affidavit from the judgment creditor’s attorney. The affidavit should include essential information, such as the original suit and judgment details, garnishee’s name, officers for service and address, as well as any available account names and numbers.

Allow Busby and Associates to assist you in the collection of your Texas judgment. With their contingency-based services, you can proceed without any upfront costs. When it comes to judgments from other states with a Texas-based judgment debtor, they meticulously evaluate each case, often requiring a retainer. Additionally, in Loving County, they possess the expertise to help you garnish a bank account or financial institution and recover the amount owed.