Texas Writs of Garnishment to Collect Judgment Liens from Nacogdoches County, Texas
When it comes to collecting judgments in Nacogdoches County, Texas, Busby & Associates is the law firm you can rely on. Our dedicated team of attorneys is skilled in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we 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 Nacogdoches 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 Nacogdoches County
Nacogdoches County recognizes the power of a properly fixed judgment lien, which serves as a lien on all nonexempt real property owned by the judgment debtor. This lien is established through the accurate recording and indexing of an abstract of judgment. To secure the judgment lien, it is imperative to file the abstract of judgment in each county where the lien is sought. The lien remains in effect for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is crucial to note that the underlying judgment must be final and not interlocutory. However, an abstract of judgment can still be filed based on a final judgment if the judgment is under appeal or a supersedeas bond has been filed. Furthermore, if a judgment creditor has taken the necessary steps to obtain a lien prior to the judgment being appealed, the fact of appeal will not negate the effectiveness 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 and foreign jurisdictions. To enforce judgments from other states or foreign jurisdictions, it is required to first domesticate the judgment in Texas in order to create a lien, and subsequently, an abstract of judgment may be filed.
Texas Abstract of Judgment
Texas legislation permits the judge, justice of the peace, clerk of the court, or the designated representative of the judgment creditor, including their agent, attorney, or assignee, to undertake the preparation of the abstract of judgment. However, it is important to remember that in small claims and justice courts, the judgment creditor is restricted from preparing their own abstract. Additionally, abstracts of federal court judgments necessitate the certificate provided by the clerk of the court. For the abstraction of your judgment lien in Nacogdoches County, Texas, the County Clerk’s office at 101 W Main St #110, Nacogdoches, Texas 75961, is where you should go.
Crafting a Texas abstract of judgment necessitates comprehensive inclusion of specific information to ensure compliance. This entails providing the names of the plaintiff and defendant, disclosing the defendant’s birthdate (if known to the clerk of justice), stating the last three numbers of the defendant’s driver’s license and social security number (if available), 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, 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. Remember, 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 unsworn declarations are strictly prohibited.
Recordation of Judgment Liens Abstract
When the debtor possesses real property in Nacogdoches County, it is necessary to record the abstract of judgment in that specific jurisdiction. The Nacogdoches County clerk receives the abstract and records it diligently in the county’s real property records. As part of the recording process, the clerk is mandated to note the day and hour of recordation on the abstract itself. Additionally, the clerk must enter the abstract in the alphabetical index to the real property records, providing comprehensive details 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act grant foreign judgments the same level of enforceability as judgments filed in the originating court, ensuring their recognition and enforcement in Texas. The foreign judgment holder must satisfy the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien extends to all nonexempt real property owned by the defendant and registered in Nacogdoches County, where it holds enforceability.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
In order for the judgment lien to remain enforceable, it must be recorded and indexed in an abstract for a period of 10 years. If the judgment becomes dormant, the lien will no longer be effective. Therefore, it is necessary 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 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.
The enforceability of state or state agency judgments remains intact and does not diminish. When an abstract of judgment is properly filed, it creates a lien 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.
Dormancy statutes may cause judgments of political subdivisions to go inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that political subdivisions are not restricted by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, surpassing the two-year dormancy period.
4. Child Support Judgments.
- 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments concerning child support, covering all such judgments, whether recently rendered or issued in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by constitutional provisions, statutes, or other legal rules, the execution has the authority to seize the judgment debtor’s property. Generally, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and 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 exempt property.
2. Property Exempt from Execution.
Execution cannot be applied to property in the following categories, regardless of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under specified statutory categories, with a combined 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 the purchaser, mortgagee, or trustee identifies other property of the debtor 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) 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 enables a judgment creditor to examine the relationship between a third party and the judgment debtor, with the aim of determining whether there are any funds or property owed to the debtor. If any such debts are found, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to transfer payments to the garnishor rather than the judgment debtor.
Requirements to Issue
The availability of garnishment is contingent upon fulfilling specific conditions after obtaining a judgment. These conditions include: Firstly, the creditor possessing a valid and subsisting judgment against the debtor. It is crucial 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 must assert, under oath, that, to the best of their knowledge, the judgment debtor does not have adequate 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 crucial to note that a post-judgment garnishment action represents a separate legal action from the main case it seeks to enforce. The third-party garnishee should be designated as the defendant, signifying its involvement in an ancillary lawsuit. When filing for post-judgment garnishment, it should be done 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.
In the garnishment process, the garnishee is to be served with the writ of garnishment. Although the judgment defendant is not a necessary party to the garnishment action, it is required to serve them 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 mandated that the copy of the writ served to the defendant contains 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 one dissolving the writ, void and unenforceable.
Banks as Garnishees for Writs of Garnishment
To effectuate the delivery of garnishment writs to garnishee banks, they must be delivered to the address designated 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 must comply with the state’s laws for foreign corporations conducting business in the state, including the appointment of an agent for process under Section 201.102 when filing an application for registration with the Secretary of State. Conversely, Texas financial institutions may appoint an agent for process by filing a statement with the Secretary of State under Section 201.103.
The officer entrusted with the execution of a writ of garnishment is obligated to file a return that satisfies the citation regulations outlined in Tex. R. Civ. P. 663. It is recommended for the judgment creditor to thoroughly assess the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must adhere to the rules governing citations in general. Courts have declared returns fatally defective if they do not specify the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Should you discover a bank account or other debt owed by the judgment debtor that is eligible for garnishment and it is deemed financially viable, complete the necessary steps by filing an Application for Garnishment supported by a signed affidavit from the judgment creditor’s attorney. Ensure that the affidavit encompasses relevant information, such as the original suit and judgment details, the garnishee’s name, officers for service and address, and any available account names and numbers.
Having trouble collecting your judgment in Texas? Seek assistance from Busby and Associates. Their contingency-based services mean you won’t have to pay upfront. Judgments from other states with a judgment debtor in Texas are carefully reviewed on a case-by-case basis, sometimes involving a retainer. Furthermore, in Nacogdoches County, they possess the necessary expertise to help you garnish a bank account or financial institution and recover the owed amount.