Texas Writs of Garnishment to Collect Judgment Liens from Mitchell County, Texas
Don’t let the frustration of an unpaid judgment weigh you down. Busby & Associates is here to assist you in collecting what you’re owed in Mitchell County, Texas. Our skilled attorneys are skilled in defending, collecting, and enforcing judgments, including the garnishment of bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also offer our services to those involved in child support lien cases, representing both obligors and obligees. Furthermore, if you require assistance with the domestication of foreign child support liens in Mitchell County, Texas, we have the expertise to assist you. Contact us today for a consultation, and let us guide you through the process of successfully collecting your judgment.
Texas Judgment liens in Mitchell County
Properly fixing a judgment lien ensures that it functions as a lien on all nonexempt real property belonging to the judgment debtor in Mitchell County. The establishment of this lien involves 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 to be fixed. The lien remains valid for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to emphasize that the judgment underlying the lien must be final and not interlocutory. However, even 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. Furthermore, 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 pertain to judgments issued 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
The abstract of judgment in Texas can be prepared by various individuals, such as the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Moreover, abstracts of federal court judgments require the certification of the clerk of the court. To abstract your judgment lien in Mitchell County, Texas, you can go to the County Clerk’s office situated at 349 Oak St # 103, Colorado City, Texas 79512.
When preparing a Texas abstract of judgment, it is crucial to ensure specific information is included to meet legal requirements. This information comprises 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 if the address is not provided in the suit, 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. Failure to include the mailing address may result in 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
Mitchell County is where the abstract of judgment should be recorded, particularly when the debtor possesses real property there. The abstract is delivered to the Mitchell County clerk, who meticulously records it in the county’s real property records, making a careful notation of the day and hour of recordation. Additionally, the clerk must enter the abstract in the alphabetical index to the real property records, highlighting the names of each plaintiff and defendant involved in the judgment, as well as the page number in the records 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 ensure that foreign judgments can be enforced in Texas to the same extent as judgments filed in the originating court. Domestication of the judgment in Texas necessitates compliance with the lien requirements by the foreign judgment holder.
Property To Which Lien Attaches Non-Exempt Real Property
Mitchell County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains enforceable for a period of 10 years from the date of recording and indexing the abstract. Nevertheless, if the judgment becomes dormant, the lien expires. Therefore, it is vital to (1) maintain the judgment’s active status 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 from its rendering, 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 become dormant and retain their legal validity. A valid abstract of judgment establishes a lien that remains effective for 20 years from the date of filing, and the lien’s lifespan can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Under dormancy statutes, judgments of political subdivisions may become inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that political subdivisions are not bound by the statute of limitations. Consequently, political subdivisions retain the ability to revive the judgment at any time, not limited to the two-year dormancy period.
4. Child Support Judgments.
Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code establishes an exemption for child support judgments from the dormancy statute, applying to all such judgments regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property can be subject to execution levy unless it is exempted by the constitution, statute, or any other rule of law. Typically, the following types of property are not exempt: 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 exemption for their property.
2. Property Exempt from Execution.
Irrespective of whether it concerns a family or a single adult, the execution of property excludes the following categories: a) The homestead b) Personal property falling within specified statutory categories, up to a collective 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, not surpassing twenty-five percent (25%) of the $50/$100,000 aggregate limitations 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, on condition that the purchaser, mortgagee, or trustee identifies alternative property of the debtor sufficient to fulfill 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.
When seeking to uncover any funds or property owed to a judgment debtor by a third party, a judgment creditor can utilize the post-judgment garnishment process. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor in place of the judgment debtor.
Requirements to Issue
The availability of garnishment after a judgment is contingent upon meeting specific prerequisites. 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, to the best of their knowledge, that the judgment debtor does not hold in Texas enough property that is subject to execution and can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is important to understand that a post-judgment garnishment action is an independent legal action separate 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 issued the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action commences with the service of the writ of garnishment on the garnishee. Although the judgment defendant is not a necessary party to the garnishment, they must be served 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 must contain its contents in 12-point type and be presented in a manner calculated to inform a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding their property being garnished renders any judgment, except for one dissolving the writ, invalid.
Banks as Garnishees for Writs of Garnishment
To ensure effective 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 with the Secretary of State in accordance with Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions are required to file an application for registration with the Secretary of State, complying with the state’s laws for foreign corporations doing business within the state, which includes designating an agent for process under Section 201.102. Conversely, Texas financial institutions may appoint an agent for process by submitting a statement to 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 satisfies the citation regulations. It is recommended for the judgment creditor to carefully inspect the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as other citations. Courts have held returns to be fatally defective if they do not indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Once you come across a bank account or other debt owed by the judgment debtor that can be garnished and it is determined to be financially feasible, file an Application for Garnishment supported by a signed affidavit from the judgment creditor’s attorney. Ensure that the affidavit includes important details, such as the original suit and judgment information, the name of the garnishee, officers for service, address for service, and, if applicable, account names and numbers.
In need of assistance with collecting your judgment in Texas? Turn to Busby and Associates for professional guidance. Their contingency-based services ensure you don’t have to worry about upfront expenses. Judgments from other states with a judgment debtor in Texas are examined on a case-by-case basis, sometimes requiring a retainer. Moreover, in Mitchell County, they possess the necessary skills to help you garnish a bank account or financial institution, facilitating the recovery process.