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

Don’t let the complexities of judgment collection in Ochiltree County, Texas hold you back. Busby & Associates is here to offer you professional assistance. Our team of skilled attorneys is experienced in defending, collecting, and enforcing judgments, with a particular focus 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 in child support lien cases. Furthermore, we have the expertise to handle the domestication of foreign child support liens specific to Ochiltree County, Texas. Reach out to us today, and let us help you navigate the process of successfully collecting your judgment.

Texas Judgment liens in Ochiltree County

Ochiltree County recognizes the power of a properly fixed judgment lien, which functions as a lien on all nonexempt real property owned by the judgment debtor. The establishment of this lien requires the accurate recording and indexing of an abstract of judgment. It is crucial to file the abstract of judgment in each county where the judgment lien is intended to be fixed. The duration of the lien extends for ten years from the date of recordation and indexing, unless the judgment becomes dormant. Notably, the judgment on which the lien is based must be final and not interlocutory. However, in cases where the judgment is under appeal or a supersedeas bond has been filed, an abstract can still be filed on a final judgment. Moreover, if a judgment creditor has taken the necessary steps to secure a lien prior to the judgment being appealed, the fact of appeal will not undermine 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 encompass the enforcement of judgments from other states and foreign jurisdictions. To enforce judgments from other states or foreign jurisdictions, it is mandatory to first domesticate the judgment in Texas to establish a lien, and subsequently, an abstract of judgment can be filed.

Texas Abstract of Judgment

In the state of Texas, the preparation of the abstract of judgment can be undertaken by 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 important to note that in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Furthermore, abstracts of federal court judgments require the certification provided by the clerk of the court. If you need to abstract your judgment lien in Ochiltree County, Texas, you can visit the County Clerk’s office located at 511 S Main St Unit 8, Perryton, Texas 79070.

Contents

When preparing a Texas abstract of judgment, it is crucial to include specific details to ensure compliance with legal requirements. These details 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 accessible), 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 mentioned in the suit, stating 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. Failure to include 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 strictly prohibited.

Recordation of Judgment Liens Abstract

When the debtor possesses real property in Ochiltree County, it is vital to record the abstract of judgment in that specific jurisdiction. The abstract is delivered to the Ochiltree County clerk, who proceeds to record it in the county’s real property records, carefully documenting the recordation date and time. Additionally, the clerk is required to include the abstract in the alphabetical index to the real property records, indicating the names of both the plaintiff and defendant in the judgment, along with the 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 grant foreign judgments the same enforceability as judgments filed in the originating court, enabling their enforcement in Texas. The foreign judgment holder must adhere to the lien requirements when seeking to domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

Ochiltree County, as the county of recordation, marks the attachment of the judgment lien to all nonexempt real property owned by the defendant in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To uphold the judgment lien, it endures for a period of 10 years following the recording and indexing of the abstract. However, if the judgment enters a dormant state, the lien ceases to be valid. Consequently, it is essential to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment. A judgment becomes dormant 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.

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

3.      Political Subdivisions.

Dormancy statutes may lead to political subdivisions’ judgments going dormant; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) grants political subdivisions the ability to revive the judgment without being constrained 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.

• 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments related to child support, encompassing all such judgments whether recently rendered or issued in the past.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by the constitution, statute, or other rule of law, the execution retains the right 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 motors and trailers; c. Collections of items, including stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not have any exempt property.

2.      Property Exempt from Execution.

Whether for a family or a single adult, execution cannot be applied to property falling within the following categories: a) The homestead b) Personal property falling under specific 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 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.

WRITS OF GARNISHMENT.

When a judgment creditor wishes to investigate whether a third party owes any funds or property to the judgment debtor, they can resort to the post-judgment garnishment process. Upon discovering any outstanding debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to make payments to the garnishor in place of the judgment debtor.

Requirements to Issue

Following the acquisition of a judgment, garnishment may be pursued provided that certain prerequisites are met. Firstly, the creditor must have a valid and subsisting judgment against the debtor, with the judgment being deemed 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 state, based on their knowledge, that the judgment debtor does not have sufficient property in Texas that can be executed to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action represents an independent legal proceeding distinct from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, as it involves an ancillary lawsuit. The application for post-judgment garnishment should be submitted in the same court that delivered the judgment to be collected, but with a different cause number.

Service of the writ of garnishment/notice to judgment debtor.

The garnishment process begins with the service of the writ of garnishment on the garnishee. While the judgment defendant is not a necessary party to the garnishment, it is necessary to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically feasible after serving the garnishee. Furthermore, this rule mandates that the copy of the writ served upon the defendant includes its contents in 12-point type and is 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, other than one dissolving the writ, void and without legal effect.

Banks as Garnishees for Writs of Garnishment

To ensure the delivery of garnishment writs to garnishee banks, it is necessary to send them 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 governing foreign corporations conducting business in the state, including designating an agent for process under Section 201.102 when applying for registration with the Secretary of State. 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.

The officer tasked with executing a writ of garnishment is required to file a return that meets the citation requirements, as outlined in Tex. R. Civ. P. 663. It is prudent for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, especially in the case of default judgment. Returns in garnishment proceedings must conform to the rules governing citations in general. Courts have deemed returns as fatally defective if they fail to indicate the manner of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

Once you identify a bank account or other debt owed by the judgment debtor suitable for garnishment and it is determined to be cost-effective, file an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. Include the required information in the affidavit, such as the original suit and judgment information, credits to the judgment, the proper garnishee name, officers for service and their address, and any available account names and numbers.

Don’t let the complexities of collecting a judgment in Texas overwhelm you. Busby and Associates are here to assist you. With their contingency-based services, you can proceed without any upfront costs. Judgments from other states involving a Texas-based judgment debtor are assessed on a case-by-case basis, potentially requiring a retainer. Furthermore, in Ochiltree County, they have the capability to help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.