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

When it comes to the collection of judgments in McMullen County, Texas, Busby & Associates is the go-to law firm for reliable and effective assistance. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we extend our services to assist both obligors and obligees involved in child support lien cases. Furthermore, we can provide support for the domestication of foreign child support liens specific to McMullen County, Texas. Reach out to us today, and let our team guide you through the process of successfully collecting your judgment.

Texas Judgment liens in McMullen County

A judgment lien, when fixed correctly, asserts its claim on all nonexempt real property owned by the judgment debtor in McMullen County. The creation of this lien involves the proper recording and indexing of an abstract of judgment. It is necessary to file the abstract of judgment in each county where the judgment lien is to be established. The lien remains valid for a period of ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to note that the underlying judgment must be final and not interlocutory for the lien to take effect. However, if 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 nullify 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 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 establish a lien, and subsequently, the judgment may be abstracted upon completion of the domestication process.

Texas Abstract of Judgment

In Texas, the abstract of judgment may be prepared by the judge, justice of the peace, clerk of the court, or the designated representative of the judgment creditor, such as their agent, attorney, or assignee. However, the judgment creditor is not permitted to prepare their own abstract in small claims and justice courts. Moreover, abstracts of federal court judgments require the certification of the clerk of the court. To abstract your judgment lien in McMullen County, Texas, you can visit the County Clerk’s office at 501 River St, Tilden, Texas 78072.

Contents

In order to comply with Texas regulations, a Texas abstract of judgment must contain specific information. 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 regarding citation such as the date and place of service if the address is not included in the suit, the date of judgment, 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 crucial to ensure that the mailing address is provided to avoid a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not permissible.

Recordation of Judgment Liens Abstract

In McMullen County, where the debtor possesses real property, the abstract of judgment is to be recorded. The McMullen County clerk receives the abstract and proceeds to record it in the county’s real property records, ensuring that the date and time of recordation are duly noted. Simultaneously, the clerk is required to enter the abstract in the alphabetical index to the real property records, reflecting the names of each plaintiff and defendant in the judgment, as well as the page number where the abstract is officially recorded.

Abstracts of Domesticated Judgment Liens.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act provide that judgments filed under these Acts are treated with the same enforceability as judgments in the court where they were filed. The foreign judgment holder must adhere to the lien requirements when seeking to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

McMullen County is where the judgment lien attaches to all nonexempt real property owned by the defendant and recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To maintain the judgment lien, it is necessary to record and index an abstract, which remains effective for a period of 10 years. However, if the judgment becomes dormant, the lien will no longer be enforceable. Therefore, it is vital 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 rendition, but it can be revived through scire facias or by initiating an action of debt within two years of dormancy.

2.      State or State Agency Judgments.

State or state agency judgments do not lose their legal weight and retain their enforceability. Filing an abstract of judgment correctly establishes a lien that remains in effect for 20 years from the date of filing, and the lien can be renewed for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes can cause political subdivisions’ judgments to go inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) provides an avenue for political subdivisions to revive the judgment without being restricted by the statute of limitations. Hence, judgments of political subdivisions can be revived at any time, even 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 provision that exempts judgments pertaining to child support from the dormancy statute, covering all such judgments regardless of their date of rendering.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution has the ability to levy the judgment debtor’s property, unless it is specifically exempted by the constitution, statute, or any other applicable law. Generally, the following types of property are not exempted: a. Cash held in hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investment assets; e. f. Airplanes. Corporations do not enjoy any exemption for their property.

2.      Property Exempt from Execution.

Property falling within the following categories is exempt from execution, regardless of whether it pertains to a family or an individual: a) The homestead b) Personal property of various categories specified by statute, up to a total 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 the purpose of sepulcher g) Property sold, mortgaged, or conveyed in trust by the judgment debtor, provided the purchaser, mortgagee, or trustee identifies alternative property sufficient 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.

By means of the post-judgment garnishment process, a judgment creditor can delve into the association between a third party and the judgment debtor, aiming to determine whether there are any outstanding funds or property owed to the debtor. If any such debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.

Requirements to Issue

Garnishment can be pursued after a judgment is secured, subject to specific conditions. 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 swear that, to the best of their knowledge, the judgment debtor does not possess enough property in Texas that is subject to execution and can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

When initiating a post-judgment garnishment action, it is important to understand that it constitutes a separate legal suit from the main case it intends to enforce. The third-party garnishee should be named as the defendant, as it involves an ancillary lawsuit. It should be filed in the same court that rendered the judgment for collection, but under a different cause number.

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

In the garnishment process, the garnishee must be served with the writ of garnishment. Although the judgment defendant is not considered a necessary party to the garnishment action, they must be promptly served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders after the garnishee has been served. Additionally, it is required that the copy of the writ served to the defendant clearly states 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, void.

Banks as Garnishees for Writs of Garnishment

For the delivery of garnishment writs to garnishee banks, it is essential to send them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State under Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must follow the laws applicable to foreign corporations conducting business in the state and appoint an agent for process under Section 201.102 to register with the Secretary of State. On the other hand, 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.

Officer’s Return.

The officer entrusted with the execution of a writ of garnishment must furnish a return that complies with the citation regulations, as outlined in Tex. R. Civ. P. 663. It is essential for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, especially 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 do not indicate the method and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

When you come across a bank account or other debt owed by the judgment debtor that can be subject to garnishment, and it is determined to be financially advantageous, proceed by submitting an Application for Garnishment with a supporting affidavit. The affidavit, signed by the judgment creditor’s attorney, should provide the required information, including the original suit and judgment details, garnishee’s name, officers for service and address, and if available, account names and numbers.

Looking to collect your judgment in Texas? Busby and Associates can be your valuable resource. They offer contingency-based services, meaning you won’t have to pay upfront. Judgments from other states with a Texas-based judgment debtor are carefully evaluated case by case, often with a retainer required. Moreover, in McMullen County, they have the ability to assist you in garnishing a bank account or financial institution to ensure the recovery of the owed amount.