Texas Writs of Garnishment to Collect Judgment Liens from Lynn County, Texas
Seeking professional assistance for the collection of judgments in Lynn County, Texas? Busby & Associates is here to help. Our skilled team of attorneys is experienced in defending, collecting, and enforcing judgments, with a focus on garnishing bank accounts and financial institutions. Additionally, we offer our expertise in consumer bankruptcy, family law, and divorce cases, providing comprehensive support to both obligors and obligees involved in child support lien matters. If you require assistance with the domestication of foreign child support liens specific to Lynn County, Texas, our team is ready to guide you through the process. Contact us today for a consultation and let us assist you in successfully collecting your judgment.
Texas Judgment liens in Lynn County
When properly affixed, a judgment lien acts as a lien on all nonexempt real property owned by the judgment debtor in Lynn County. The establishment of this lien requires the accurate recording and indexing of an abstract of judgment. It is mandatory to file the abstract of judgment in each county where the judgment lien is to be fixed. The lien remains in effect for a period of ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is crucial to note that the underlying judgment must be final and not interlocutory for the lien to be valid. 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. Additionally, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not negate the effect of such 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, and subsequently, an abstract of judgment may be filed.
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, such as their agent, attorney, or assignee. However, the judgment creditor is not authorized 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. If you need to abstract your judgment lien in Lynn County, Texas, you can do so at the County Clerk’s office located at 1501 S 1st St, Tahoka, Texas 79373.
In order to meet Texas legal requirements, a Texas abstract of judgment should include specific details. These details consist of the names of the plaintiff and defendant, the defendant’s birthdate (if it is available to the clerk of justice), the last three digits of the defendant’s driver’s license (if available), the last three digits of the defendant’s social security number (if available), the suit number in which the judgment was rendered, the defendant’s address (or citation details and the date and place of service if the suit doesn’t provide the address), the date on which the judgment was rendered, the amount awarded in the judgment, the balance due, 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 include the mailing address may result in a penalty filing fee. It is important to verify the abstract prepared by the creditor’s attorney as unsworn declarations are not allowed.
Recordation of Judgment Liens Abstract
Proper documentation of the abstract of judgment mandates its recordation in Lynn County, where the debtor holds real property. The Lynn County clerk takes on the responsibility of receiving the abstract and recording it in the county’s real property records, duly recording the date and time of entry. Furthermore, the clerk is obligated to include the abstract in the alphabetical index to the real property records, listing the names of both the plaintiff and defendant in the judgment, as well as the 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 establish that foreign judgments can be enforced in Texas to the same degree as judgments filed in the originating court. The domestication of a foreign judgment in Texas necessitates the foreign judgment holder’s adherence to the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Lynn County, as recorded in the county, is subject to the judgment lien that encompasses all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien’s duration extends for 10 years after the date of recording and indexing the abstract. However, it becomes dormant if no writ of execution is issued within 10 years of its rendition. To preserve the lien, one must (1) keep the judgment active and (2) obtain and record a new abstract of judgment. Dormant judgments can be revived through either scire facias or an action of debt, provided they are initiated before the second anniversary of dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become inactive and continue to be enforceable. An abstract of judgment, if filed correctly, establishes a lien that lasts for 20 years from the date of filing, and the lien can be extended for an additional 20-year period by filing a renewed abstract of judgment.
3. Political Subdivisions.
While the dormancy statutes cause judgments of political subdivisions to become dormant, the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is exempted from the statute of limitations. As a result, the revival of judgments of political subdivisions is not confined to the two-year dormancy period and can be initiated at any time.
4. Child Support Judgments.
Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code establishes an exception for child support judgments from the dormancy statute, applying to all such judgments regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by the constitution, statute, or any other legal provision, the execution maintains the authority to levy the judgment debtor’s property. In most cases, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections of items such as stamps, coins, etc.; d. Investments such as stocks, bonds, or notes; e. f. Airplanes. Corporations have no exempt property.
2. Property Exempt from Execution.
Regardless of whether it pertains to a family or an individual, the execution of property excludes the following categories: a) The homestead b) Personal property falling within specified statutory categories, with a total fair market value of up to $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 alternative 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) 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 procedure empowers a judgment creditor to examine the connection between a third party and the judgment debtor, with the goal of determining whether there are any funds or property owed to the debtor. If any such debts exist, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to remit payments to the garnishor in place of the judgment debtor.
Requirements to Issue
Garnishment can be pursued after a judgment, but only under certain circumstances. Firstly, the creditor must hold 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, to the best of their knowledge, that the judgment debtor does not possess in Texas enough property that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action represents a distinct legal proceeding separate from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, as it is an ancillary lawsuit. The application for post-judgment garnishment should be submitted 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 is to be served with the writ of garnishment to initiate the garnishment process. While the judgment defendant is not a necessary party in the garnishment action, they must be served 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. Moreover, this rule requires that the copy of the writ served to the defendant includes its contents in 12-point type and is presented in a manner designed to inform a reasonably attentive person. Failure to provide proper notice to the judgment debtor concerning the garnishment renders any judgment, except one dissolving the writ, invalid.
Banks as Garnishees for Writs of Garnishment
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 filed under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must adhere to the state’s foreign corporation laws by submitting an application for registration with the Secretary of State, which includes designating an agent for process under Section 201.102. In contrast, 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.
The officer responsible for executing a writ of garnishment is obligated to file a return that adheres to the citation regulations specified in Tex. R. Civ. P. 663. It is prudent for the judgment creditor to thoroughly examine the return prior to obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have deemed returns 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 that can be garnished, and it is cost-effective to pursue, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should encompass necessary particulars such as the original suit and judgment information, garnishee’s name, officers for service and address, and any available account names and numbers.
If you’re seeking assistance in collecting your Texas judgment, look no further than Busby and Associates. Their contingency-based services enable you to proceed without any upfront expenses. Judgments from other states with a Texas-based judgment debtor are carefully reviewed on a case-by-case basis, sometimes involving a retainer. Additionally, in Lynn County, they have the capability to help you garnish a bank account or financial institution and recover the owed amount.