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1-281-DIVORCE (348-6723)

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1-281-DIVORCE (348-6723)

McLennan County, Waco, Texas

McLennan County

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

 

In McLennan County, Texas, when it comes to the collection of judgments, Busby & Associates is the legal team you can trust. Our dedicated attorneys are skilled in defending, collecting, and enforcing judgments, with a particular emphasis on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we provide comprehensive support to both obligors and obligees involved in child support lien cases. Moreover, if you require assistance with the domestication of foreign child support liens specific to McLennan County, Texas, we are well-equipped to assist you. Contact us today for a consultation, and let us help you effectively collect your judgment.

Texas Judgment liens in McLennan County

Properly fixing a judgment lien in McLennan County secures the lien on all nonexempt real property owned by the judgment debtor. This lien is established through the accurate recording and indexing of an abstract of judgment. It is essential to file the abstract of judgment in each county where the judgment lien is intended to be fixed. The lien remains in effect for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to highlight that the judgment serving as the basis for the lien must be final and cannot be interlocutory. However, in cases where the judgment is being appealed 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 prior to the judgment being appealed, the appeal itself will not undermine the effect of such actions in the event of affirmance. These guidelines specifically pertain to judgments rendered 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, the judgment must first be domesticated in Texas to create a lien, and subsequently, an abstract of judgment may be filed.

Texas Abstract of Judgment

Texas law permits 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, to prepare the abstract of judgment. 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. If you plan to abstract your judgment lien in McLennan County, Texas, you can do so at the County Clerk’s office located at 01 Washington Ave Suite 300, Waco, Texas 76701.

Contents

To meet the requirements set by Texas law, an abstract of judgment in Texas should contain specific details. These details comprise 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 information about citation, including the date and place of service, the date on which the judgment was rendered, the amount for which the judgment was rendered, 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 remember 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 the use of unsworn declarations is not allowed.

Recordation of Judgment Liens Abstract

To ensure accurate recordation, the abstract of judgment must be documented in McLennan County if the debtor has real property there. The McLennan County clerk accepts the abstract and meticulously records it in the county’s real property records, duly noting the date and time of recordation. Moreover, the clerk is responsible for listing the abstract in the alphabetical index to the real property records, presenting the names of both the plaintiff and defendant in the judgment and the corresponding page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must meet the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant and located in McLennan County is encumbered by the judgment lien recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien retains its validity for a period of 10 years starting from the date of recording and indexing the abstract, but it becomes dormant if no writ of execution is issued within that timeframe. To ensure the lien remains in force, one must (1) keep the judgment active and (2) obtain and record a new abstract of judgment. Dormant judgments can be revived through scire facias or an action of debt filed within two years from the date of dormancy.

2.      State or State Agency Judgments.

State or state agency judgments remain effective and do not become dormant. When a valid abstract of judgment is filed, it creates a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment, ensuring its validity for a total of 40 years.

3.      Political Subdivisions.

Judgments of political subdivisions can become dormant in compliance with dormancy statutes; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not precluded by the statute of limitations. Consequently, the revival of judgments of political subdivisions is not confined to a specific time frame and can be carried out at any given time.

4.      Child Support Judgments.

The exemption to the dormancy statute for child support judgments is delineated in section 34.001, subsection (c) of the Civ. Prac. & Rem. Code, encompassing all such judgments irrespective of their date of rendering or issuance.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Execution may seize the judgment debtor’s property, unless it is exempted by the constitution, statute, or any other legal provision. In most instances, the following types of property will not be exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections (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.

Whether for a family or an individual, the execution of property is not applicable to the following categories: a) The homestead b) Personal property falling within specific categories as defined by statute, up to an aggregate fair market value of $100,000.00 for a family or $50,000.00 for an individual not belonging to 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 the purpose of sepulcher g) Property sold, mortgaged, or conveyed in trust by the judgment debtor, if the purchaser, mortgagee, or trustee identifies other property sufficient to satisfy the execution h) Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor i) Specific insurance benefits j) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

McLennan County

WRITS OF GARNISHMENT.

The post-judgment garnishment provides a mechanism for a judgment creditor to investigate the relationship between a third party and the judgment debtor, with the objective of identifying any debts or property owed to the debtor. Should any such debts be uncovered, the creditor (garnishor) can secure a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor rather than the judgment debtor.

Requirements to Issue

The availability of garnishment following a judgment depends on meeting certain conditions. Firstly, the creditor must possess 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 affirm, to the best of their knowledge, that the judgment debtor does not possess sufficient property in Texas that can be executed to fulfill the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that when pursuing post-judgment garnishment, it is a separate legal action from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, as it is an ancillary lawsuit. The application for post-judgment garnishment should be filed in the same court that rendered the judgment to be collected, but under a different cause number.

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

The garnishee must be served with the writ of garnishment in order to initiate the garnishment process. Although the judgment defendant is not a necessary party to the garnishment action, they must receive 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. Additionally, it is mandated 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 inform a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding the garnishment renders any judgment, except for one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

To ensure proper delivery, garnishment writs served on garnishee banks must be directed to the address designated 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 are obligated to file an application for registration with the Secretary of State, complying with the state’s foreign corporation laws, including appointing 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.

Tex. R. Civ. P. 663 stipulates that the officer executing a writ of garnishment must provide a return that meets the citation requirements. It is advisable for the judgment creditor to review the return thoroughly before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the same rules as other citations. Courts have held returns fatally defective if they fail to indicate the method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

Upon locating a bank account or other debt owed by the judgment debtor that is suitable for garnishment and is determined to be cost-effective, file an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. The affidavit should contain all necessary information, including original suit and judgment details, garnishee’s name, officers for service and address, and any available account names and numbers.

Don’t let the complexities of collecting a judgment in Texas discourage you. Busby and Associates are here to provide their expertise. With their contingency-based services, you can proceed without any upfront fees. Judgments from other states with a Texas-based judgment debtor are handled on a case-by-case basis, potentially requiring a retainer. Furthermore, in McLennan County, they can guide you in garnishing a bank account or financial institution, facilitating the recovery process.

 

 

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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.