Texas Writs of Garnishment to Collect Judgment Liens from Navarro County, Texas
In Navarro County, Texas, when it comes to the collection of judgments, Busby & Associates is the law firm you can trust. Our dedicated team of attorneys is skilled in defending, collecting, and enforcing judgments, with a particular emphasis on garnishing bank accounts and financial institutions. As skilled consumer bankruptcy, family law, and divorce lawyers, we provide comprehensive support to both obligors and obligees involved in child support lien cases. Moreover, if you require assistance with the domestication of foreign child support liens specific to Navarro County, Texas, we are well-equipped to assist you. Contact us today for a consultation, and let us help you effectively collect your judgment.
Texas Judgment liens in Navarro County
When properly fixed, a judgment lien has the authority to act as a lien on all nonexempt real property owned by the judgment debtor in Navarro County. The establishment of this lien requires the accurate recording and indexing of an abstract of judgment. It is vital to file the abstract of judgment in each county where the judgment lien is to be fixed. The duration of the lien spans ten years from the date of recordation and indexing, unless the judgment becomes dormant. It should be emphasized that the underlying judgment must be final and not interlocutory. However, in cases where the judgment is under appeal or a supersedeas bond has been filed, it is still possible to file an abstract based on a final judgment. Additionally, 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 effect of those steps in the event of affirmance. These rules specifically apply 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 in order to create a lien, following which the filing of an abstract of judgment may be pursued.
Texas Abstract of Judgment
In the state of Texas, the responsibility of preparing the abstract of judgment lies with 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, it is worth noting that in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. It is also important to mention that abstracts of federal court judgments require the certificate issued by the clerk of the court. If you need to abstract your judgment lien in Navarro County, Texas, you can do so at the County Clerk’s office located at 300 W 3rd Ave #101, Corsicana, Texas 75110.
In compliance with legal requirements, a Texas abstract of judgment must contain precise details. These include providing the names of the plaintiff and defendant, indicating 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), mentioning 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 shown in the suit, stating the date of judgment, accurately stating the amount awarded and the remaining 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 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 be verified by the creditor’s attorney, and unsworn declarations may not be utilized.
Recordation of Judgment Liens Abstract
Proper recordation of the abstract of judgment entails its documentation in Navarro County, where the debtor has real property. The abstract is submitted to the Navarro County clerk, who meticulously records it in the county’s real property records. To ensure accurate recordation, the clerk is required to note the day and hour of recordation on the abstract. Moreover, the clerk must enter the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is officially recorded.
Abstracts of Domesticated Judgment Liens.
Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. To domesticate a foreign judgment in Texas, the foreign judgment holder must meet the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and situated in Navarro County is subject to the judgment lien, duly recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in force for 10 years from the date of recording and indexing the abstract. However, if the judgment becomes dormant, the lien is no longer valid. To maintain the lien’s validity, 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 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.
State or state agency judgments remain effective and do not become dormant. Upon the proper filing of an abstract of judgment, a lien is established 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, ensuring its enforceability for up to 40 years.
3. Political Subdivisions.
Judgments of political subdivisions can become dormant under dormancy statutes; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that political subdivisions are not subject to the statute of limitations. Thus, political subdivisions have the flexibility to revive judgments at any given time, not just within the two-year dormancy period.
4. Child Support Judgments.
The exception to the dormancy statute for child support judgments is outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies broadly to all child support judgments, irrespective of their date of rendering or issuance.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution can seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or other rules of law. In most instances, the following types of property will not be exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and associated 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 have any protected property.
2. Property Exempt from Execution.
Irrespective of whether it concerns a family or a single adult, property falling under the following categories is exempt from execution: a) The homestead b) Personal property belonging to 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 services (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 belonging to 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) Certain savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
When seeking to ascertain any funds or property owed to a judgment debtor by a third party, a judgment creditor can invoke the post-judgment garnishment process. Upon discovering such debts, the creditor (garnishor) can secure a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor instead of the judgment debtor.
Requirements to Issue
After a judgment is secured, garnishment can be pursued, provided certain prerequisites are met. These prerequisites include: Firstly, the creditor having 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 not having filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor must confirm, through a sworn statement, that, to their knowledge, the judgment debtor does not possess sufficient property in Texas that is subject to execution, and can be utilized to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Keep in mind that a post-judgment garnishment action is an independent legal proceeding that is distinct from the main case it aims to enforce. The third-party garnishee should be recognized as the defendant, as it pertains to an ancillary lawsuit. The application for post-judgment garnishment should be submitted in the same court that delivered the judgment to be collected, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To commence the garnishment action, the garnishee must be served with the writ of garnishment. While the judgment defendant is not 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 possible after the garnishee has been served. Moreover, this rule requires that the copy of the writ served to the defendant includes its contents in 12-point type and is presented in a manner designed 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, null and void.
Banks as Garnishees for Writs of Garnishment
The designated address of the financial institution’s registered agent, as provided in its registration statement under Section 201.102 or 201.103 of the Finance Code, serves as the delivery point for garnishment writs served on garnishee banks. Out-of-state financial institutions must comply with the state’s laws for foreign corporations conducting business in the state, including filing an application for registration with the Secretary of State and 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.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must provide a return that complies with the citation regulations. It is prudent for the judgment creditor to carefully examine the return before seeking a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have held returns fatally defective if they do not reveal the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Upon identification of a bank account or other debt owed by the judgment debtor that is suitable for garnishment and is determined to be cost-effective, file an Application for Garnishment along with a supporting affidavit, endorsed by the judgment creditor’s attorney. The affidavit should contain essential information, including the original suit and judgment details, the garnishee’s name, officers for service and address, and, if provided, account names and numbers.
Need professional help in collecting your judgment in Texas? Turn to Busby and Associates. With their contingency-based services, you can proceed without any upfront costs. Judgments from other states involving a Texas-based judgment debtor are evaluated individually, occasionally requiring a retainer. Additionally, in Navarro County, they can assist you in garnishing a bank account or financial institution to ensure the successful recovery of the judgment.