Texas Writs of Garnishment to Collect Judgment Liens from Moore County, Texas
When it comes to judgment-related matters in Moore County, Texas, Busby & Associates is your trusted legal partner. Our dedicated team of attorneys is skilled in defending, collecting, and enforcing judgments, with a particular focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive support to both obligors and obligees involved in child support lien cases. Additionally, we can assist with the domestication of foreign child support liens specific to Moore 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 Moore County
A judgment lien, when properly fixed, serves as a legal encumbrance on all nonexempt real property owned by the judgment debtor in Moore County. This lien is established through the accurate recording and indexing of an abstract of judgment. To ensure the effectiveness of the lien, it is necessary to file the abstract of judgment in each county where the judgment lien is sought to be fixed. The duration of the lien is ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is important to note that the judgment on which the lien is based must be a final judgment and not an interlocutory one. However, even if the judgment is under appeal or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Additionally, if a judgment creditor has taken the required steps to obtain a lien before the judgment is appealed, the fact of appeal will not negate the impact of those steps in the event of affirmance. These rules apply specifically to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states and foreign jurisdictions. To enforce judgments from other states or foreign jurisdictions, the judgment must first be domesticated in Texas to create a lien, and then an abstract of judgment may be filed.
Texas Abstract of Judgment
In Texas, the abstract of judgment can be prepared by either the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, which includes their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. It is important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you wish to abstract your judgment lien in Moore County, Texas, you will need to visit the County Clerk’s office located at 715 S Dumas Ave, Dumas, Texas 79029.
Contents
When preparing a Texas abstract of judgment, it is crucial to meticulously include specific details to ensure compliance. These details encompass providing the names of the plaintiff and defendant, disclosing the defendant’s birthdate (if available to the clerk of justice), stating the last three digits of the defendant’s driver’s license and social security number (if obtainable), indicating the suit number in which the judgment was rendered, specifying the defendant’s address or providing information about citation and the date and place of service if the address is not indicated in the suit, mentioning the date on which the judgment was rendered, accurately stating the amount awarded and the outstanding balance, addressing any child support arrearage, highlighting the interest rate specified in the judgment, and including the mailing address for each plaintiff or judgment creditor. Failure to include the mailing address may result in the imposition of a penalty filing fee. Additionally, it is essential for the abstract of judgment to be verified by the creditor’s attorney, and unsworn declarations cannot be utilized.
Recordation of Judgment Liens Abstract
The abstract of judgment must be officially recorded in Moore County, where the debtor’s real property is located. It is the responsibility of the Moore County clerk to receive the abstract and record it accurately in the county’s real property records. The clerk is required to make a notation of the day and hour of recordation on the abstract itself. Simultaneously, the clerk must enter the abstract in the alphabetical index to the real property records, including the names of each plaintiff and defendant mentioned in the judgment and the corresponding page number where the abstract is filed.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that judgments filed under these Acts are given equal enforceability as judgments filed in the court where they were originally entered. 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
The judgment lien is secured on all nonexempt real property owned by the defendant in Moore County, the county of recordation.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
Following the recording and indexing of the abstract, the judgment lien remains effective for a period of 10 years. However, if the judgment becomes dormant, the lien expires. Therefore, it is essential 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 from 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.
Judgments made by the state or a state agency do not expire and maintain their enforceability. A correctly filed abstract of judgment establishes a lien that remains valid 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.
Dormancy statutes can lead to the dormancy of judgments related to political subdivisions; nevertheless, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that political subdivisions are not subject to the statute of limitations. Therefore, judgments of political subdivisions can be revived at any given time, even beyond the two-year dormancy period.
4. Child Support Judgments.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code establishes a specific provision that excludes judgments related to child support from the dormancy statute, encompassing 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 power to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or other rules of law. Generally, the following types of property are not exempt: a. Cash held in 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 investment assets; e. f. Airplanes. Corporations do not possess any property that is exempt from execution.
2. Property Exempt from Execution.
Irrespective of whether it pertains to a family or a single adult, the execution process exempts property falling under the following categories: a) The homestead b) Personal property of diverse categories as specified by statute, 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 earned from personal service (excluding child support) and unpaid commissions, limited to 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, provided that the purchaser, mortgagee, or trustee identifies other property 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
Through the utilization of the post-judgment garnishment procedure, a judgment creditor can explore the connection between a third party and the judgment debtor, in order to ascertain if there are any outstanding funds or property owed to the debtor. Upon uncovering such debts, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to transfer payments to the garnishor instead of the judgment debtor.
Requirements to Issue
Following a judgment, garnishment can be pursued if certain conditions exist. Firstly, the creditor must have a valid and subsisting judgment against the debtor. It is important to note that the judgment is considered final and subsisting from the date of rendition. Secondly, the debtor should not have filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor must provide a sworn statement, attesting that, to the best of their knowledge, the judgment debtor does not possess enough property in Texas that is subject to execution, and can be used to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
A post-judgment garnishment action should be understood as a separate legal suit that is distinct from the main case, as its purpose is to enforce the judgment. The third-party garnishee should be treated as the defendant, as it pertains to an ancillary lawsuit. It is necessary to file the application for post-judgment garnishment in the same court that issued the judgment to be collected, albeit under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In order to initiate the garnishment action, the garnishee must be served with the writ of garnishment. While the judgment defendant is not considered 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 as soon as practically feasible after the garnishee has been served. Furthermore, it is required 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 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 and without legal effect.
Banks as Garnishees for Writs of Garnishment
Garnishee banks must be served with garnishment writs, which should be delivered to the address specified 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 seeking registration with the Secretary of State are required to comply with the state’s laws governing foreign corporations conducting business in the state, including the designation of an agent for process under Section 201.102. Conversely, 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.
The officer who carries out a writ of garnishment is mandated to submit a return that conforms to the citation rules, as stated in Tex. R. Civ. P. 663. It is essential for the judgment creditor to inspect the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have deemed returns fatally defective when they fail to demonstrate the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
In the event that a bank account or other debt owed by the judgment debtor is located and satisfies the criteria for garnishment, taking into consideration its cost-effectiveness, proceed by filing an Application for Garnishment along with a supporting affidavit. The affidavit, to be signed by the judgment creditor’s attorney, should encompass relevant information, including the original suit and judgment details, the garnishee’s name, officers for service and their service address, and, if available, account names and numbers.
When it comes to collecting your judgment in Texas, count on Busby and Associates for professional assistance. Their contingency-based services eliminate upfront costs. Judgments from other states with a Texas-based judgment debtor undergo individual evaluation, often with a retainer involved. Additionally, in Moore County, they have the capability to help you garnish a bank account or financial institution, ensuring the successful recovery of the owed amount.
