Texas Writs of Garnishment to Collect Judgment Liens from Medina County, Texas
Seeking professional guidance for the collection of judgments in Medina County, Texas? Look no further than Busby & Associates. Our experienced attorneys are skilled in defending, collecting, and enforcing judgments, with a specific focus on garnishing bank accounts and financial institutions. As proficient consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive support to both obligors and obligees involved in child support lien cases. Furthermore, we can assist with the domestication of foreign child support liens specific to Medina County, Texas. Reach out to us today, and let our team of experts help you navigate the complexities of collecting your judgment.
Texas Judgment liens in Medina County
When a judgment lien is properly fixed, it acts as a lien on all of the judgment debtor’s nonexempt real property in Medina County. The establishment of this lien requires the correct recording and indexing of an abstract of judgment. It is mandatory to file the abstract of judgment in each county where the judgment lien is sought to be fixed. The lien remains effective for a period of ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is crucial to note that the judgment on which the lien is based must be final, not interlocutory. However, in the case of an appealed judgment or the filing of a supersedeas bond, an abstract can still be filed 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 such steps in the event of affirmance. These rules apply specifically to judgments issued by Texas state trial courts and do not cover the enforcement of judgments from other states and foreign jurisdictions. To enforce judgments from other states and 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
In Texas, the abstract of judgment can be prepared 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, the judgment creditor is not authorized to prepare their own abstract in small claims and justice courts. Furthermore, abstracts of federal court judgments require the certification of the clerk of the court. If you need to abstract your judgment lien in Medina County, Texas, you can do so at the County Clerk’s office located at 1100 16th St #209, Hondo, Texas 78861.
When preparing a Texas abstract of judgment, it is crucial to include specific information to meet the necessary criteria. This information 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 obtainable), the suit number in which the judgment was rendered, the defendant’s address or details about citation and the date and place of service if the address is not provided in the suit, the date on which the judgment was rendered, 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 note that the 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 admissible.
Recordation of Judgment Liens Abstract
When the debtor possesses real property in Medina County, it is essential to document the abstract of judgment accordingly. The Medina County clerk receives the abstract and meticulously records it in the county’s real property records, ensuring accurate documentation of the date and time of recordation. Furthermore, the clerk is obliged to list the abstract in the alphabetical index to the real property records, providing comprehensive information 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 provide foreign judgments with equal enforceability as judgments filed in the originating court, ensuring their recognition and enforcement in Texas. The foreign judgment holder must fulfill the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and registered in Medina County is encumbered by the judgment lien, which takes effect in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for 10 years from the date of recording and indexing the abstract. However, if the judgment becomes dormant, the lien is no longer valid. To ensure the lien’s continuity, one must (1) keep the judgment alive 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 enforceability and remain valid. An abstract of judgment, when filed properly, creates a lien that lasts for 20 years from the date of filing, and the lien’s duration can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes can render judgments of political subdivisions inactive; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that political subdivisions are not barred by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, surpassing the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by the constitution, statute, or any other rule of law, the execution has the ability to seize the judgment debtor’s property. In most instances, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections of items such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no exempt property.
2. Property Exempt from Execution.
Exemptions from execution apply to property in the following categories, regardless of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling within specified statutory categories, with a total fair market value not exceeding $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, 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 sepulcher purposes g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee points out other property of the debtor 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) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment allows a judgment creditor to examine the association between a third party and the judgment debtor, seeking to determine if there are any funds or property owed to the debtor. Should any such debts be discovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to remit payments to the garnishor in place of the judgment debtor.
Requirements to Issue
Garnishment can be employed after a judgment is obtained, subject to meeting certain requirements. Firstly, the creditor must possess 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 affirm, based on their knowledge, that the judgment debtor does not have adequate property in Texas that can be executed to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action represents a distinct legal suit, separate from the main case it intends to enforce. The third-party garnishee should be identified as the defendant, indicating its role in an ancillary lawsuit. The application for post-judgment garnishment should be submitted in the same court that issued the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment is to be served on the garnishee in order to initiate the garnishment action. While the judgment defendant is not a necessary party to the garnishment, it is necessary 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 should clearly convey its contents in 12-point type and in a manner calculated to advise a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding their property being subject to garnishment renders any judgment, other than one dissolving the writ, void.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to garnishee banks requires their submission to the address specified as the registered agent of the financial institution in its registration statement, as per Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions are obligated to undergo the registration process with the Secretary of State, following the state’s foreign corporation laws, which mandate designating an agent for process under Section 201.102. Conversely, 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.
Tex. R. Civ. P. 663 mandates that the officer executing a writ of garnishment must submit a return that adheres to the citation regulations. It is recommended for the judgment creditor to carefully review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must comply with the same rules as other citations. Courts have held 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
Should you come across a bank account or other debt owed by the judgment debtor that can be subject to garnishment and is determined to be economically viable, complete the necessary paperwork by filing an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. Ensure that the affidavit includes relevant information, such as the original suit and judgment details, the garnishee’s name, officers for service and address, and any available account names and numbers.
If you’re struggling to collect your judgment in Texas, Busby and Associates can offer their expertise. Their contingency-based services mean you don’t have to worry about upfront payment. Judgments from other states involving a Texas-based judgment debtor are evaluated on a case-by-case basis, potentially requiring a retainer. Additionally, in Medina County, they can assist you in garnishing a bank account or financial institution, ensuring you receive the judgment amount.