Texas Writs of Garnishment to Collect Judgment Liens from Milam County, Texas
When it comes to the collection of judgments in Milam County, Texas, Busby & Associates is the law firm of choice. Our experienced attorneys are skilled in defending, collecting, and enforcing judgments, with a specific focus on garnishing bank accounts and financial institutions. As skilled consumer bankruptcy, family law, and divorce lawyers, we also offer 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 Milam County, Texas. Contact us today for a consultation, and let us guide you through the process of successfully collecting your judgment.
Texas Judgment liens in Milam County
A judgment lien, once properly fixed, acts as a lien on all nonexempt real property in Milam County that is owned by the judgment debtor. The creation of this lien requires the accurate recording and indexing of an abstract of judgment. To fix the judgment lien, it is necessary to file the abstract of judgment in each county where the lien is to be established. 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 when 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 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 create a lien for the enforcement of judgments from other states or foreign jurisdictions, it is necessary to first domesticate the judgment in Texas, and subsequently, an abstract of judgment may be possible.
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, including their agent, attorney, or assignee. However, the judgment creditor is not permitted 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. To abstract your judgment lien in Milam County, Texas, you can visit the County Clerk’s office at 107 W Main St, Cameron, Texas 76520.
Compliance with Texas regulations necessitates the inclusion of specific information in a Texas abstract of judgment. This information encompasses the names of the plaintiff and defendant, the defendant’s birthdate (if known by the clerk of justice), the last three numbers 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 along with 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, the outstanding balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. Failure to include the mailing address may result in a penalty filing fee. Moreover, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not permissible.
Recordation of Judgment Liens Abstract
In the case of real property owned by the debtor, it is imperative to register the abstract of judgment in Milam County. The abstract is submitted to the Milam County clerk, who records it meticulously in the county’s real property records, ensuring accurate documentation of the recordation date and time. Simultaneously, the clerk is obliged to include the abstract in the alphabetical index of the real property records, displaying the names of each plaintiff and defendant mentioned 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 establish that judgments filed pursuant to these Acts can be enforced in Texas in a manner equivalent to judgments filed in the court of origin. Compliance with the lien requirements is necessary for the foreign judgment holder to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Milam County is affected by the judgment lien that applies to all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien continues to have effect for a duration of 10 years starting from the date of recording and indexing the abstract. However, if the judgment becomes dormant, the lien ceases to apply. Therefore, it is imperative to (1) actively maintain the judgment and (2) obtain and record a fresh abstract of judgment. A judgment enters a dormant state if a writ of execution is not issued within 10 years from its rendering, but 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.
Judgments issued by the state or a state agency remain active and do not lose their legal efficacy. A duly filed abstract of judgment establishes a lien that remains in force for 20 years from the date of filing, and the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment.
3. Political Subdivisions.
While judgments of political subdivisions may go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) preserves the right of political subdivisions to revive the judgment without being barred by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, not just within the two-year dormancy period.
4. Child Support Judgments.
Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code contains a specific provision that exempts judgments related to child support from the dormancy statute, applying to all child support judgments regardless of their date of rendering.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution has the authority to levy the judgment debtor’s property, unless it is exempted by the constitution, statute, or any other legal provision. Typically, the following types of property are not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any protected property.
2. Property Exempt from Execution.
Property falling into the following categories is exempt from execution, irrespective of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within specified statutory categories, up to a cumulative 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 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 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 initiating the post-judgment garnishment process, a judgment creditor can examine the connection between a third party and the judgment debtor to establish if there are any funds or property owed to the debtor. In the presence of such debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.
Requirements to Issue
After a judgment is obtained, garnishment can be pursued if specific conditions are satisfied. 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 declare that, to their knowledge, the judgment debtor does not possess in Texas enough property subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
When pursuing a post-judgment garnishment action, it is important to recognize that it constitutes a distinct legal suit apart from the main case it seeks to enforce. The third-party garnishee should be named as the defendant, signifying its involvement in an ancillary lawsuit. It should be filed in the same court that issued the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To initiate the garnishment action, the garnishee must be served with the writ of garnishment. 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 promptly after the garnishee has been served. Moreover, it is imperative that the copy of the writ served to the defendant includes its contents in 12-point type and is presented in a manner calculated to advise 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
In order to deliver garnishment writs to garnishee banks, they must be directed to the address specified as the registered agent of the financial institution in its registration statement, filed with the Secretary of State pursuant to Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions seeking registration with the Secretary of State must comply with the state’s laws governing foreign corporations conducting business within the state, including designating an agent for process under Section 201.102. On the other hand, 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.
The officer in charge of executing a writ of garnishment is obligated to file a return in accordance with the citation rules stated in Tex. R. Civ. P. 663. It is crucial for the judgment creditor to carefully review the return before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have deemed 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
When a bank account or any other debt owed by the judgment debtor that is eligible for garnishment is located, and it is determined to be cost-effective, proceed by filing an Application for Garnishment along with a supporting affidavit. The affidavit, signed by the judgment creditor’s attorney, should contain the necessary information, including the details of the original suit and judgment, the name of the garnishee, officers for service, address for service, and, if available, account names and numbers.
Seek the expertise of Busby and Associates in collecting your judgment in Texas. Their contingency-based services alleviate the need for upfront payments. Judgments from other states with a Texas-based judgment debtor are carefully assessed on an individual basis, occasionally requiring a retainer. Additionally, in Milam County, they possess the knowledge and resources to help you garnish a bank account or financial institution, ensuring the successful recovery of the owed amount.