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

In Matagorda County, Texas, Busby & Associates is your trusted partner for all your judgment-related needs. Our skilled team of attorneys is well-versed in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As seasoned consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive assistance to both obligors and obligees involved in child support lien cases. Additionally, we offer support for the domestication of foreign child support liens specific to Matagorda County, Texas. Reach out to us today, and let us assist you in navigating the complex process of collecting your judgment successfully.

Texas Judgment liens in Matagorda County

The proper fixation of a judgment lien bestows it with the power to act as a lien on all nonexempt real property owned by the judgment debtor in Matagorda County. This lien is established through the accurate recording and indexing of an abstract of judgment. To ensure the fixation of the judgment lien, it is imperative to file the abstract of judgment in each county where the lien is sought. The duration of the lien spans ten years from the date of recordation and indexing, unless the judgment becomes dormant. It should be noted that the underlying judgment must be final and not interlocutory. However, even in the case of an appealed judgment or the filing of a supersedeas bond, it remains permissible to file an abstract on a final judgment. Furthermore, if a judgment creditor has taken the necessary steps to obtain a lien prior to the judgment being appealed, the fact of appeal will not nullify the effect of such steps in the event of affirmance. These regulations specifically pertain to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states and foreign jurisdictions. For the enforcement of judgments from other states or foreign jurisdictions, it is essential to first domesticate the judgment in Texas in order to create a lien, following which the filing of an abstract of judgment may be possible.

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 Matagorda County, Texas, you can visit the County Clerk’s office located at 1700 7th St #307, Bay City, Texas 77414.

Contents

When preparing a Texas abstract of judgment, it is essential to provide specific details that adhere to legal requirements. These details include accurately stating the names of the plaintiff and defendant, indicating the defendant’s birthdate (if known to the clerk of justice), disclosing the last three numbers of the defendant’s driver’s license and social security number (if available), mentioning the suit number in which the judgment was rendered, specifying the defendant’s address or providing information about citation and the date and place of service if the address is not displayed in the suit, mentioning the date of judgment, accurately stating the amount awarded and the remaining balance, highlighting any child support arrearage, specifying the interest rate specified in the judgment, and including the mailing address for each plaintiff or judgment creditor. It is crucial to note that failure to include the mailing address may result in the imposition of a penalty filing fee. Additionally, it is mandatory for the abstract of judgment to be verified by the creditor’s attorney, and the use of unsworn declarations is strictly prohibited.

Recordation of Judgment Liens Abstract

The abstract of judgment is to be recorded in Matagorda County, specifically when the debtor possesses real property there. Upon receiving the abstract, the Matagorda County clerk diligently records it in the county’s real property records, making a notation of the date and time of recordation. Additionally, the clerk is mandated to include the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant mentioned 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 are enforceable in Texas to the same extent as judgments in the court where they were originally filed. The foreign judgment holder must meet the lien requirements when seeking to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

Matagorda County is where the judgment lien is recorded, binding all nonexempt real property owned by the defendant in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains valid for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. To ensure the lien’s continuity, one must (1) actively maintain the judgment and (2) obtain and record a fresh abstract of judgment. If the judgment becomes dormant, it can be revived through scire facias or by initiating an action of debt within the two-year period following dormancy.

2.      State or State Agency Judgments.

Judgments rendered by the state or a state agency do not become dormant and retain their legal effect. A properly filed abstract of judgment creates a lien that remains active 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 cause political subdivisions’ judgments to go dormant; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that political subdivisions are not precluded 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.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code carves out a specific exemption for judgments concerning child support from the dormancy statute, encompassing all such judgments regardless of when they were rendered.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless constitutionally, statutorily, or by any other rule of law exempted, the execution has the authority to levy the judgment debtor’s property. Generally, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items 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.

Irrespective of whether it pertains to a family or a single adult, the execution process does not encompass property in the following categories: a) The homestead b) Personal property falling within specific statutory categories, up to the total fair market value of $100,000.00 for families or $50,000.00 for single adults without family affiliation 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 that the judgment debtor sold, mortgaged, or conveyed in trust, provided the purchaser, mortgagee, or trustee points out other property of the debtor 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.

The post-judgment garnishment process enables a judgment creditor to inquire about the connection between a third party and the judgment debtor, in order to ascertain 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, compelling the third party (garnishee) to transfer payments to the garnishor rather than the judgment debtor.

Requirements to Issue

Garnishment is an option after obtaining a judgment, but certain conditions must be met. 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 state that, based on their knowledge, the judgment debtor does not possess in Texas enough property subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action should be regarded as a separate legal proceeding, distinct from the main case it is intended 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 for collection, albeit under a different cause number.

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

In the garnishment action, the garnishee is to be served with the writ of garnishment. Although the judgment defendant is not a necessary party to the garnishment, it is required to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically feasible after serving the garnishee. Furthermore, this rule mandates that the copy of the writ served upon the defendant must contain its contents in 12-point type and be presented in a manner calculated to inform a reasonably attentive person. Failing to provide proper notice to the judgment debtor regarding their property being garnished renders any judgment, except one dissolving the writ, void.

Banks as Garnishees for Writs of Garnishment

The address designated as the registered agent of the financial institution in its registration statement, as filed with the Secretary of State under Section 201.102 or 201.103 of the Finance Code, serves as the designated location for delivering garnishment writs to garnishee banks. Out-of-state financial institutions seeking registration with the Secretary of State must comply with the state’s laws governing foreign corporations conducting business within the 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 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 obligated to submit a return that meets the citation regulations set forth in Tex. R. Civ. P. 663. It is essential for the judgment creditor to meticulously review 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 declared returns fatally defective if they fail to indicate the method of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

Upon locating a bank account or any other debt owed by the judgment debtor that is subject to garnishment and is found to be cost-effective, proceed by filing an Application for Garnishment supported by a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain pertinent information, including details of the original suit and judgment, the garnishee’s name, officers for service, service address, and, if available, account names and numbers.

When it comes to collecting your judgment in Texas, Busby and Associates can provide the necessary support. With their contingency-based services, you can proceed without upfront costs. Judgments from other states involving a Texas-based judgment debtor are reviewed on a case-by-case basis, sometimes requiring a retainer. Moreover, in Matagorda County, they possess the expertise to assist you in garnishing a bank account or financial institution, helping you recover the owed amount.