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

Seeking professional support for the collection of judgments in Motley County, Texas? Busby & Associates is here to provide expert legal guidance. 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. Additionally, we can provide support for the domestication of foreign child support liens specific to Motley County, Texas. Reach out to us today, and let us help you effectively collect your judgment.

Texas Judgment liens in Motley County

In Motley County, a judgment debtor’s nonexempt real property can be encumbered by a properly fixed judgment lien. This lien is established by accurately recording and indexing an abstract of judgment. The abstract of judgment must be filed in every county where the judgment lien is intended to be fixed. If the judgment remains active and does not become dormant, the lien persists for ten years from the date of recordation and indexing. It is important to emphasize that the underlying judgment must be final, not interlocutory. However, in cases where the judgment is appealed or a supersedeas bond has been filed, it is still permissible to file an abstract based on a final judgment. Moreover, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not diminish the impact of those steps if the judgment is affirmed. These rules specifically apply to judgments issued by Texas state trial courts and do not extend to 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 in order to create a lien, and subsequently, the filing of an abstract of judgment may be pursued.

Texas Abstract of Judgment

In Texas, the preparation of the abstract of judgment is entrusted to different individuals or entities, namely 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. It is worth noting that in small claims and justice courts, the judgment creditor is not eligible to prepare their own abstract. Moreover, abstracts of federal court judgments require the certificate issued by the clerk of the court. To abstract your judgment lien in Motley County, Texas, you can visit the County Clerk’s office located at 701 Dundee Ave, Matador, Texas 79244.

Contents

Ensuring compliance with legal guidelines, a Texas abstract of judgment must provide specific information. This includes stating the names of the plaintiff and defendant, mentioning the defendant’s birthdate (if available to the clerk of justice), disclosing 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 furnishing details about citation and the date and place of service if the address is not mentioned in the suit, stating the date of judgment, accurately specifying the amount awarded and the outstanding balance, addressing any child support arrearage, highlighting the interest rate mentioned in the judgment, and including the mailing address for each plaintiff or judgment creditor. It is essential to note that the absence of 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 the use of unsworn declarations is not permitted.

Recordation of Judgment Liens Abstract

The abstract of judgment is to be recorded in Motley County, where the debtor’s real property is situated. The Motley County clerk is responsible for receiving the abstract and ensuring its accurate recording in the county’s real property records. As part of the recordation process, the clerk is required to make a note on the abstract of the day and hour of recordation. Furthermore, the clerk must include the abstract in the alphabetical index to the real property records, indicating the names of both the plaintiff and defendant in the judgment, as well as 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 establish that foreign judgments can be enforced in Texas to the same extent as judgments filed in the originating court. The foreign judgment holder must fulfill the lien requirements when seeking to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property in Motley County, as recorded in the county, falls under the purview of the judgment lien, covering all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The validity of the judgment lien extends for a period of 10 years after recording and indexing the abstract. However, if the judgment becomes dormant, the lien ceases to exist. Hence, it is crucial 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 of its rendition, 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.

State or state agency judgments do not become inactive and retain their legal force. An abstract of judgment, when filed correctly, establishes a lien that remains in place for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

While dormancy statutes can render judgments of political subdivisions inactive, the revival statute (Civ. Prac. & Rem. Code § 31.006) provides political subdivisions with the authority to revive the judgment without being constrained by the statute of limitations. Hence, political subdivisions can revive judgments at any time, not limited to the two-year dormancy period.

4.      Child Support Judgments.

The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates 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.

The judgment debtor’s property is subject to execution levy unless it is specifically exempted by constitutional provisions, statutes, or other rules 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 protected property.

2.      Property Exempt from Execution.

The execution process does not extend to property falling within the following categories, whether it relates to a family or a single adult: a) The homestead b) Personal property falling under various specified categories as defined by statute, up to a total fair market value of $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, 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, provided the purchaser, mortgagee, or trustee points out other 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

By means of the post-judgment garnishment procedure, a judgment creditor can inquire into the association between a third party and the judgment debtor, seeking to identify any outstanding funds or property owed to the debtor. Upon discovering such debts, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.

Requirements to Issue

After obtaining a judgment, the possibility of garnishment arises, subject to certain conditions. These conditions include: Firstly, the creditor having a valid and subsisting judgment against the debtor. It should be clarified that the judgment is considered final and subsisting from the date of rendition. Secondly, the debtor not having filed an approved supersedeas bond to suspend execution on the judgment. Finally, the creditor must make a sworn declaration, stating that, to their knowledge, the judgment debtor does not have enough property in Texas that is subject to execution, and can be utilized to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Remember that a post-judgment garnishment action constitutes a distinct legal suit that is separate from the main case it intends to enforce. The third-party garnishee should be named as the defendant, indicating its role in an ancillary lawsuit. It should be filed 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.

To initiate the garnishment action, it is necessary to serve the garnishee with the writ of garnishment. While the judgment defendant is not a necessary party to the garnishment action, they must be promptly served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders after the garnishee has been served. Additionally, this rule mandates that the copy of the writ served to the defendant include its contents in 12-point type and be 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, other than one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

The delivery of garnishment writs to garnishee banks requires sending them to the address designated as the registered agent of the financial institution, as stated in its registration statement filed under Section 201.102 or 201.103 of the Finance Code with the Secretary of State. Out-of-state financial institutions seeking registration with the Secretary of State must comply with the state’s laws governing foreign corporations conducting business in the state, which includes designating 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.

Tex. R. Civ. P. 663 mandates that the officer responsible for executing a writ of garnishment must furnish a return that adheres to the citation requirements. It is prudent 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

If you happen upon a bank account or other debt owed by the judgment debtor that meets the requirements for garnishment and is considered cost-effective, proceed by filing an Application for Garnishment with a supporting affidavit, signed by the judgment creditor’s attorney. The affidavit should include pertinent details, such as the original suit and judgment information, the garnishee’s name, officers for service and address, and, if applicable, account names and numbers.

Let Busby and Associates handle the task of collecting your Texas judgment. With their contingency-based services, there’s no need for upfront fees. Judgments from other states with a Texas-based judgment debtor are evaluated individually, potentially requiring a retainer. Additionally, in Motley County, they can help you garnish a bank account or financial institution, ensuring the successful recovery of the judgment amount.