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McCulloch County, Brady, Texas

McCulloch County

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


Seeking professional assistance for the collection of judgments in McCulloch 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 skills 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 McCulloch 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 McCulloch County

McCulloch County recognizes the significance of a properly established judgment lien, which operates as a lien on all nonexempt real property owned by the judgment debtor. This lien is created through the accurate recording and indexing of an abstract of judgment. It is crucial to file the abstract of judgment in each county where the judgment lien is sought to be established. The lien remains effective for a period of ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It should be noted that the judgment on which the lien is based must be final and cannot be interlocutory. However, in situations where the judgment is under appeal or a supersedeas bond has been filed, it is still permissible to file an abstract on a final judgment. Moreover, 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 impact of such steps in the event of affirmance. These regulations exclusively apply to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states or foreign jurisdictions. In order 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

The preparation of the abstract of judgment in Texas is allowed by different parties, including 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, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Furthermore, abstracts of federal court judgments require the certification of the clerk of the court. To abstract your judgment lien in McCulloch County, Texas, you can visit the County Clerk’s office at 101 N High St, Brady, Texas 76825.


When preparing a Texas abstract of judgment, it is crucial to include specific information as required by law. This includes the names of the plaintiff and defendant, the defendant’s birthdate (if known 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 including the date and place of service, the date of judgment, the amount awarded and the outstanding balance, 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 note that failure to include the mailing address 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 declarations are not permitted.

Recordation of Judgment Liens Abstract

When the debtor owns real property in McCulloch County, it is necessary to record the abstract of judgment in that specific jurisdiction. The McCulloch County clerk receives the abstract and enters it into the county’s real property records, meticulously documenting the date and time of recordation. Additionally, the clerk must incorporate the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant in the judgment and 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 grant foreign judgments the same enforceability as judgments filed in the originating court, ensuring their recognition and enforcement in Texas. The foreign judgment holder must satisfy the lien requirements when seeking to domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien covers all nonexempt real property owned by the defendant and registered in McCulloch County, where it is enforceable.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

In order for the judgment lien to remain in effect, it must be recorded and indexed in an abstract for a period of 10 years. However, if the judgment becomes dormant, the lien will cease to exist. Therefore, it is imperative to (1) keep the judgment active and (2) obtain and record a new abstract of judgment. A judgment is considered dormant if no writ of execution is issued within 10 years of its rendition, but it can be revived through scire facias or an action of debt filed within two years of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains intact and does not expire. Upon proper filing of an abstract of judgment, a lien is established for 20 years from the date of filing, and the lien’s duration can be renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Under the dormancy statutes, judgments of political subdivisions may go dormant; nevertheless, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly clarifies that the statute of limitations does not apply to political subdivisions. Consequently, judgments of political subdivisions can be revived beyond the two-year dormancy period, without any time restrictions.

4.      Child Support Judgments.

Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments related to child support, covering all such judgments whether they were recently rendered or issued in the past.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The judgment debtor’s property is susceptible to execution levy, except for the property that is exempted by the constitution, statute, or any other legal provision. Usually, the following types of property are not exempted: 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 have no protected property.

2.      Property Exempt from Execution.

The execution of property, whether for a family or a single adult, does not apply to the following categories: a) The homestead b) Personal property falling within specified categories defined by statute, up to a combined fair market value of $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, not exceeding 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.

Lynn County


When a judgment creditor seeks to ascertain whether a third party owes any funds or property to the judgment debtor, they can initiate the post-judgment garnishment process. Upon discovering any outstanding debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to redirect payments to the garnishor rather than the judgment debtor.

Requirements to Issue

After obtaining a judgment, garnishment is an available option if specific requirements are 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, based on their knowledge, that the judgment debtor does not have adequate property in Texas subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is crucial to note that a post-judgment garnishment action is an independent legal suit distinct from the main case it intends to enforce. The third-party garnishee should be named as the defendant, as it is an ancillary lawsuit. The application for post-judgment garnishment should be filed in the same court that delivered the judgment to be collected, but under a different cause number.

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

To commence the garnishment action, the garnishee must be served with the writ of garnishment. While 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 promptly after the garnishee has been served. Furthermore, it is required that the copy of the writ served to the defendant includes its contents in 12-point type and is communicated 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, void.

Banks as Garnishees for Writs of Garnishment

The registered agent address specified in the financial institution’s registration statement under Section 201.102 or 201.103 of the Finance Code serves as the delivery location for garnishment writs served on garnishee banks. To register with the Secretary of State, out-of-state financial institutions are required to comply with the state’s foreign corporation laws, which involve designating an agent for process under Section 201.102. Conversely, Texas financial institutions have the choice to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

Pursuant to Tex. R. Civ. P. 663, the officer who enforces a writ of garnishment is required to submit a return that satisfies the citation requirements. It is recommended for the judgment creditor to carefully inspect the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must comply with the same rules as other citations. Courts have invalidated returns that do not specify the method of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

If a bank account or other debt owed by the judgment debtor is found, which is subject to garnishment and is deemed financially viable, proceed by filing an Application for Garnishment supported by a signed affidavit from the judgment creditor’s attorney. Ensure that the affidavit includes pertinent information, such as the original suit and judgment details, garnishee’s name, officers for service and address, and any available account names and numbers.

When it comes to collecting a judgment in Texas, trust in Busby and Associates. Their contingency-based services ensure you don’t have to pay anything upfront. Judgments from other states with a Texas-based judgment debtor are evaluated individually, and a retainer may be required. In McCulloch County, they have the skills to assist you in garnishing a bank account or financial institution, maximizing your chances of recovering the judgment.



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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.