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

When it comes to the collection of judgments in Maverick County, Texas, Busby & Associates stands out as a reliable legal partner. Our team of dedicated attorneys is 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 extend our services to assist both obligors and obligees involved in child support lien cases. Moreover, we have the expertise to handle the domestication of foreign child support liens specific to Maverick County, Texas. Contact us today for a consultation, and let us guide you through the process to successfully collect your judgment.

Texas Judgment liens in Maverick County

In Maverick County, a judgment lien, when properly fixed, operates as a lien on all nonexempt real property belonging to the judgment debtor. To establish this lien, it is necessary to accurately record and index an abstract of judgment. The abstract of judgment must be filed in each county where the judgment lien is sought 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 important to emphasize that the judgment on which the lien is based must be final and not interlocutory. However, in the case of an appealed judgment or the filing of a supersedeas bond, 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 diminish 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 and foreign jurisdictions. To enforce judgments from other states and 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

The abstract of judgment in Texas can be prepared by various individuals, such as 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, 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 Maverick County, Texas, you can go to the County Clerk’s office situated at 500 Quarry St #2, Eagle Pass, Texas 78852.

Contents

In order to comply with the requirements of a Texas abstract of judgment, specific information must be included. This information encompasses the names of the plaintiff and defendant, the defendant’s birthdate (if available 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 details of citation and the date and place of service if the address is not indicated in the suit, the date of judgment, the amount for which the judgment was rendered and the balance due, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. It is important to emphasize that the inclusion of the mailing address is crucial, as the failure to do so may result in the imposition of a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn

Recordation of Judgment Liens Abstract

Maverick County serves as the designated location for recording the abstract of judgment in cases where the debtor has real property in the county. The abstract is submitted to the Maverick County clerk, who carries out the task of recording it in the county’s real property records, carefully documenting the precise day and hour of recordation. Moreover, the clerk is required to enter the abstract in the alphabetical index to the real property records, displaying the names of all plaintiffs and defendants involved in the judgment, as well as the page number where the abstract is officially recorded.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act carry the same enforceability as judgments filed in the originating court, allowing for their enforcement in Texas. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

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

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

Keeping the judgment alive is crucial to maintain the judgment lien, which endures for a period of 10 years after recording and indexing the abstract. However, if the judgment becomes dormant, the lien ceases to exist. Hence, it is necessary to (1) keep the judgment active 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 of its rendering. Nevertheless, it can be revived through scire facias or by initiating an action of debt before the second anniversary of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains uninterrupted and does not go into dormancy. By filing an abstract of judgment correctly, a lien is established that remains in place for 20 years from the filing date, and the lien’s duration can be extended for another 20 years through the filing of a renewed abstract of judgment.

3.      Political Subdivisions.

While judgments of political subdivisions can go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) empowers political subdivisions to revive the judgment without being restricted by the statute of limitations. Therefore, political subdivisions have the authority to revive judgments at any time, not solely within the two-year dormancy period.

4.      Child Support Judgments.

All child support judgments are exempted from the dormancy statute pursuant to § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which applies universally to all child support judgments irrespective of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution retains the power to seize the judgment debtor’s property, unless it is exempted by the constitution, statute, or any other rule of law. Typically, 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 comprising stamps, coins, etc.; d. Investments including stocks, bonds, or notes; e. f. Airplanes. Corporations do not have any protected property.

2.      Property Exempt from Execution.

The execution process does not apply to property falling within the following categories, regardless of whether it involves a family or a single adult: a) The homestead b) Personal property falling into specified statutory categories, up to an aggregate 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 identifies sufficient other property belonging to the debtor 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

Through the post-judgment garnishment procedure, a judgment creditor can investigate the relationship between a third party and the judgment debtor, with the intention of identifying any outstanding debts or property owed to the debtor. Upon discovering such debts, the creditor (garnishor) can secure a garnishment judgment, directing the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.

Requirements to Issue

Following the issuance of a judgment, garnishment may be pursued if specific prerequisites are satisfied. Firstly, the creditor must hold a valid and subsisting judgment against the debtor, with the judgment being deemed 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 have sufficient property in Texas that can be executed to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is important to understand that a post-judgment garnishment action is an independent lawsuit separate from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, as it involves an additional legal action. The application for post-judgment garnishment should be filed in the same court that rendered the judgment to be collected, but with a different cause number.

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

The garnishee must be served with the writ of garnishment to initiate the garnishment action. Although the judgment defendant is not a necessary party in the garnishment proceedings, they must be served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically possible after the garnishee has been served. This rule further 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 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

For garnishment writs to reach garnishee banks, they must be directed to the address indicated as the registered agent of the financial institution in its registration statement, filed with the Secretary of State in accordance with Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions are required to complete the registration process with the Secretary of State, adhering to the state’s foreign corporation laws, which necessitate designating an agent for process under Section 201.102. In contrast, Texas financial institutions have the opportunity to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

According to Tex. R. Civ. P. 663, the officer responsible for carrying out a writ of garnishment must provide a return that complies with the citation rules. It is prudent for the judgment creditor to thoroughly examine the return before seeking a garnishment judgment, especially in the case of default judgment. Returns in garnishment proceedings are subject to the rules applicable to other citations. Courts have invalidated returns that do not specify the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

In the event that a bank account or other debt owed by the judgment debtor is discovered and meets the requirements for garnishment, proceed by submitting an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should include essential details, such as the original suit and judgment information, the garnishee’s name, officers for service and address, and any available account names and numbers.

Need assistance in collecting your judgment in Texas? Look no further than Busby and Associates. Their contingency-based services eliminate upfront fees. For judgments from other states with a judgment debtor in Texas, they carefully evaluate each case individually, occasionally requiring a retainer. Furthermore, in Maverick County, they have the proficiency to help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.