Texas Writs of Garnishment to Collect Judgment Liens from Nueces County, Texas
When it comes to judgment collection in Nueces County, Texas, Busby & Associates is your reliable partner. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, placing a specific emphasis on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we are also well-equipped to assist both obligors and obligees in child support lien cases. Additionally, we offer support for the domestication of foreign child support liens in Nueces County, Texas. If you’re dealing with a challenging judgment collection situation, contact us today for a consultation. We’ll guide you through the process and provide the necessary legal expertise to help you collect what you’re owed.
Texas Judgment liens in Nueces County
In Nueces County, a properly fixed judgment lien 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. It is essential to file the abstract of judgment in each county where the judgment lien is to be fixed. The lien remains valid for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to note that the underlying judgment must be final and not interlocutory. However, if the judgment is being appealed or a supersedeas bond has been filed, it is still possible to file an abstract based on a final judgment. Furthermore, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the appeal will not negate the impact of those steps in the event of affirmance. 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. In such cases, it is necessary to domesticate the judgment in Texas first to create a lien, and subsequently, an abstract of judgment may be filed.
Texas Abstract of Judgment
In Texas, it is 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, who has the authority to prepare the abstract of judgment. However, it is essential to keep in mind that the judgment creditor is not allowed to prepare their own abstract in small claims and justice courts. Additionally, abstracts of federal court judgments necessitate the certificate provided by the clerk of the court. To abstract your judgment lien in Nueces County, Texas, you can go to the County Clerk’s office situated at 901 Leopard St # 201, Corpus Christi, Texas 78401.
To meet the requirements of a Texas abstract of judgment, certain information must be provided to ensure compliance. This includes stating the names of the plaintiff and defendant, indicating the defendant’s birthdate (if known to the clerk of justice), disclosing the last three numbers of the defendant’s driver’s license and social security number (if available), mentioning the suit number in which the judgment was rendered, specifying the defendant’s address or providing details 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 for which the judgment was rendered 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 crucial 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 the use of unsworn declarations is not permitted.
Recordation of Judgment Liens Abstract
Proper recordation of the abstract of judgment necessitates its documentation in Nueces County, where the debtor has real property. The abstract is submitted to the Nueces County clerk, who diligently records it in the county’s real property records, ensuring accurate notation of the recordation date and time. Furthermore, the clerk is obligated to include the abstract in the alphabetical index to the real property records, presenting the names of each plaintiff and defendant in the judgment, as well as the page number 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 ensure that foreign judgments are enforceable in Texas to the same extent as judgments filed in the originating court. Compliance with the lien requirements is mandatory for the foreign judgment holder when seeking to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien takes effect on all nonexempt real property owned by the defendant and situated in Nueces County, as officially recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for a period of 10 years after recording and indexing the abstract, with the exception of dormancy, which terminates the lien. Thus, it is crucial to (1) maintain an active judgment and (2) procure and record a new abstract of judgment. Dormancy occurs when a writ of execution is not issued within 10 years from the judgment’s rendering. However, the judgment can be revived through scire facias or by commencing an action of debt no later than two years after the judgment becomes dormant.
2. State or State Agency Judgments.
State or state agency judgments do not become inactive and retain their enforceability throughout the entire duration of the lien. An abstract of judgment, when correctly filed, creates a lien that remains valid 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 cause judgments of political subdivisions to become inactive, the revival statute (Civ. Prac. & Rem. Code § 31.006) empowers political subdivisions to revive the judgment without being restricted by the statute of limitations. Thus, political subdivisions have the authority to revive judgments at any time, not just within the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes an exception for child support judgments from the dormancy statute, encompassing 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 liable to be seized through execution, unless it is exempted by the constitution, statute, or other rule of law. Generally, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and associated motors and trailers; c. Collections, such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any protected property.
2. Property Exempt from Execution.
The execution process does not encompass property falling within the following categories, whether it relates to a family or a single adult: a) The homestead b) Personal property falling within specified statutory categories, 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, if the purchaser, mortgagee, or trustee points out other property belonging to 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 allows a judgment creditor to inquire about the association between a third party and the judgment debtor, with the intention of determining whether there are any funds or property owed to the debtor. If any such debts exist, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.
Requirements to Issue
Garnishment becomes an available remedy subsequent to the issuance of a judgment, but only if specific requirements are fulfilled. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, with the judgment being considered final and subsisting from the date of rendition. Secondly, the debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor must declare, based on their knowledge, that the judgment debtor does not have adequate property in Texas that can be executed to fulfill the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It is important to recognize that a post-judgment garnishment action is a separate legal action from the main case it intends to enforce. The third-party garnishee should be named as the defendant, as it constitutes an ancillary lawsuit. The application for post-judgment garnishment 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.
In order to commence the garnishment action, the garnishee must be served with the writ of garnishment. Although the judgment defendant is not a necessary party in the garnishment proceedings, 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. Furthermore, it is stipulated that the copy of the writ served to the defendant shall contain its contents in 12-point type and shall be 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 unenforceable.
Banks as Garnishees for Writs of Garnishment
In order for garnishment writs served on garnishee banks to be delivered successfully, they should be directed to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as required by Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must adhere to the state’s laws for foreign corporations conducting business in the state, which includes designating an agent for process under Section 201.102 when completing the registration process with the Secretary of State. 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.
Tex. R. Civ. P. 663 mandates that the officer executing a writ of garnishment must provide a return that complies with the citation regulations. It is recommended for the judgment creditor to thoroughly review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as other citations. Courts have held returns to be fatally defective if they do not indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
If a bank account or other debt owed by the judgment debtor is located and deemed cost-effective for garnishment, the next step is to file an Application for Garnishment with a supporting affidavit, signed by the judgment creditor’s attorney. The affidavit should provide the necessary information for the application, including the original suit and judgment details, credits to the judgment, the appropriate garnishee name, officers for service, address for service, and, if applicable, account names and numbers.
If you’re struggling to collect your judgment in Texas, Busby and Associates can provide the necessary support. Their contingency-based services ensure you don’t have to pay anything upfront. Judgments from other states with a Texas-based judgment debtor are carefully evaluated case by case, sometimes involving a retainer. Moreover, in Nueces County, they possess the expertise to help you garnish a bank account or financial institution, facilitating the successful recovery of the owed amount.