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

If you’re facing challenges in the collection of judgments in Morris County, Texas, Busby & Associates is here to offer reliable legal assistance. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, placing a strong emphasis on garnishing bank accounts and financial institutions. As proficient consumer bankruptcy, family law, and divorce lawyers, we also extend our services to assist both obligors and obligees involved in child support lien cases. Furthermore, we have the expertise to handle the domestication of foreign child support liens specific to Morris County, Texas. Contact us today for a consultation, and let us help you navigate the process of successfully collecting your judgment.

Texas Judgment liens in Morris County

The effectiveness of a judgment lien in Morris County hinges on its proper fixation, as it acts as a lien on all nonexempt real property owned by the judgment debtor. To establish this lien, it is imperative to accurately record and index an abstract of judgment. Filing the abstract of judgment in each county where the judgment lien is to be fixed is a crucial requirement. Unless the judgment becomes dormant, the lien remains valid for a period of ten years from the date of recordation and indexing. It is essential to note that the judgment on which the lien is based must be final and not interlocutory. However, even if the judgment is under appeal or a supersedeas bond has been filed, it is permissible to file an abstract based on a final judgment. Furthermore, in the event of affirmance, the fact of appeal will not undermine the effectiveness of the steps taken by the judgment creditor to obtain the lien before the appeal. These rules specifically pertain 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, it is necessary to first domesticate the judgment in Texas to create a lien and subsequently file an abstract of judgment.

Texas Abstract of Judgment

Texas law allows for the preparation of the abstract of judgment by various parties, 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 permitted to prepare their own abstract. Additionally, abstracts of federal court judgments must be accompanied by the certificate of the clerk of the court. To abstract your judgment lien in Morris County, Texas, you can visit the County Clerk’s office at 500 Broadnax St #D, Daingerfield, Texas 75638.

Contents

Adhering to legal requirements, a Texas abstract of judgment must contain specific details that must not be overlooked. These details include providing the names of the plaintiff and defendant, stating the defendant’s birthdate (if known to the clerk of justice), disclosing the last three digits of the defendant’s driver’s license and social security number (if accessible), mentioning the suit number in which the judgment was rendered, specifying the defendant’s address or presenting information about citation and the date and place of service if the address is absent in the suit, indicating the date of judgment, accurately stating the amount awarded and the remaining 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. It is important to note that the exclusion of the mailing address may result in the imposition of a penalty filing fee. Moreover, the abstract of judgment must undergo verification by the creditor’s attorney, and the use of unsworn declarations is prohibited.

Recordation of Judgment Liens Abstract

Morris County serves as the designated location for recording the abstract of judgment when the debtor has real property in that county. The abstract is submitted to the Morris County clerk, who records it meticulously in the county’s real property records. As part of the recording process, the clerk is obligated to note the specific day and hour of recordation on the abstract. Additionally, the clerk must enter the abstract in the alphabetical index to the real property records, providing comprehensive information such as the names of each plaintiff and defendant in the judgment and the page number in the records where the abstract is officially recorded.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act possess the same enforceability as judgments filed in the court of origin, enabling their enforcement in Texas. To domesticate a foreign judgment in Texas, the foreign judgment holder must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

Morris County is the jurisdiction where the judgment lien takes effect, encompassing all nonexempt real property owned by the defendant and recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien continues to be valid for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. To maintain the lien’s effectiveness, it is necessary to (1) ensure the judgment remains active and (2) obtain and record a fresh abstract of judgment. If the judgment enters a dormant state, it can be revived through scire facias or by initiating an action of debt within the two-year period following dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments does not wane and remains in effect. By properly filing an abstract of judgment, a lien is created that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments may go dormant under dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that political subdivisions are not barred by the statute of limitations. As a result, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.

4.      Child Support Judgments.

All judgments for child support are exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which universally applies to all child support judgments irrespective of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by constitutional provisions, statutes, or other legal rules, the execution retains the authority to levy the judgment debtor’s property. In most cases, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their associated motors and trailers; c. Collections comprising stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not have any exempted property.

2.      Property Exempt from Execution.

Property falling under the following categories is exempt from execution, whether for a family or a single adult: a) The homestead b) Personal property falling within specified categories as outlined by statute, up to an aggregate 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 $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, if the purchaser, mortgagee, or trustee identifies other property of the debtor sufficient to satisfy the execution h) Assets in the hands of 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 process grants a judgment creditor the opportunity to investigate the relationship between a third party and the judgment debtor, with the purpose of determining if there are any funds or property owed to the debtor. Should any such debts be discovered, the creditor (garnishor) can secure a garnishment judgment, compelling the third party (garnishee) to redirect payments to the garnishor rather than the judgment debtor.

Requirements to Issue

Garnishment becomes an available option subsequent to a judgment, under specific circumstances. These circumstances include: Firstly, the creditor holding a valid and subsisting judgment against the debtor. It is essential to establish that the judgment is final and subsisting from the date of rendition. Secondly, the debtor not having filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor affirming, through an oath, that, to the best of their knowledge, the judgment debtor does not possess sufficient property in Texas that is subject to execution, and can be used to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is important to recognize that a post-judgment garnishment action is an independent legal proceeding that is separate from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, reflecting its involvement in an ancillary lawsuit. The application for post-judgment garnishment should be filed in the same court that rendered 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 to commence the garnishment action. 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 promptly after the garnishee has been served. Moreover, it is stipulated that the copy of the writ served upon the defendant shall contain its contents in 12-point type and shall be presented in a manner intended to inform a reasonably attentive person. Failure to give proper notice to the judgment debtor regarding the garnishment renders any judgment, except for one dissolving the writ, invalid and unenforceable.

Banks as Garnishees for Writs of Garnishment

The designated address of the registered agent, as mentioned in the financial institution’s registration statement filed with the Secretary of State under Section 201.102 or 201.103 of the Finance Code, is where garnishment writs served on garnishee banks should be delivered. Out-of-state financial institutions must adhere to the state’s laws applicable to foreign corporations conducting business in the state, which includes filing an application for registration with the Secretary of State and designating an agent for process under Section 201.102. In contrast, 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.

As per Tex. R. Civ. P. 663, the officer executing a writ of garnishment is required to provide a return that complies with the citation regulations. It is advisable for the judgment creditor to thoroughly examine the return before seeking a garnishment judgment, especially in cases of default judgment. Returns in garnishment proceedings are subject to the rules applicable to other citations. Courts have invalidated returns that do not indicate the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

Once a bank account or other debt owed by the judgment debtor that can be subjected to garnishment is discovered, and it is determined to be economically feasible, initiate the process by filing an Application for Garnishment accompanied by a supporting affidavit, endorsed by the judgment creditor’s attorney. Ensure that the affidavit contains necessary particulars, such as the original suit and judgment information, the garnishee’s name, officers for service, service address, and any available account names and numbers.

Seeking help in collecting your judgment in Texas? Busby and Associates are here to support you. With their contingency-based services, you won’t have to worry about upfront payments. Judgments from other states involving a Texas-based judgment debtor are carefully examined on a case-by-case basis, sometimes requiring a retainer. Moreover, in Morris County, they possess the expertise to assist you in garnishing a bank account or financial institution and recover the owed amount.