Texas Writs of Garnishment to Collect Judgment Liens from Palo Pinto County, Texas
At Busby & Associates, we are dedicated to providing comprehensive legal services for judgment-related matters in Palo Pinto County, Texas. Our expertise encompasses defending, collecting, and enforcing judgments, with a primary emphasis on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also cater to the needs of both obligors and obligees involved in child support lien cases. Furthermore, we specialize in the domestication of foreign child support liens specific to Palo Pinto County, Texas. If you’re a judgment creditor facing difficulties in receiving payment or need assistance navigating the legal process, don’t hesitate to contact us. We’ll offer personalized guidance and support to help you successfully collect your judgment.
Texas Judgment liens in Palo Pinto County
In Palo Pinto County, a judgment lien, when properly established, functions as a lien on all nonexempt real property owned by the judgment debtor. This lien is formed through the accurate recording and indexing of an abstract of judgment. To secure the lien, the abstract of judgment must be filed in each county where the judgment lien is sought to be established. As long as the judgment remains active and does not become dormant, the lien persists for a period of ten years from the date of recordation and indexing. It is important to note that the underlying judgment must be final, not interlocutory. However, even if the judgment is being appealed or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the 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 invalidate 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 create a lien for judgments from other states or foreign jurisdictions, it is first required to domesticate the judgment in Texas, and then an abstract of judgment may be filed.
Texas Abstract of Judgment
Texas legislation empowers the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee, to prepare the abstract of judgment. However, it is important to bear in mind that in small claims and justice courts, the judgment creditor is prohibited from preparing their own abstract. Furthermore, abstracts of federal court judgments necessitate the certificate issued by the clerk of the court. If you need to abstract your judgment lien in Palo Pinto County, Texas, you can do so by visiting the County Clerk’s office located at 520 Oak St, Palo Pinto, Texas 76484.
Contents
To comply with Texas regulations, an abstract of judgment must contain specific information. This includes the names of the plaintiff and defendant, the defendant’s birthdate (if available to the clerk of justice), the last three numbers of the defendant’s driver’s license and social security number (if accessible), the suit number in which the judgment was rendered, the defendant’s address or citation details, such as the nature of citation and the date and place of service if the address is not disclosed in the suit, the date of judgment, the awarded amount and the remaining balance, any outstanding child support arrearage, the interest rate stated in the judgment, and the mailing address for each plaintiff or judgment creditor. Remember, the abstract of judgment must be verified by the creditor’s attorney and unsworn declarations cannot be used.
Recordation of Judgment Liens Abstract
Palo Pinto County serves as the designated jurisdiction for recording the abstract of judgment when the debtor has real property in that county. Upon receipt of the abstract, the Palo Pinto County clerk diligently records it in the county’s real property records, ensuring accurate documentation of the date and time of recordation. Additionally, the clerk is required to include the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant in the judgment and the page number where the abstract is officially recorded.
Abstracts of Domesticated Judgment Liens.
Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act possess the same enforceability as judgments filed in the court of origin, allowing for their enforcement in Texas. Complying with the lien requirements is essential for the foreign judgment holder when domesticating the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Palo Pinto County, as registered in the county, is subject to the judgment lien, which encompasses all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
Maintaining the judgment lien requires its validity for a period of 10 years following the recording and indexing of the abstract. However, if the judgment becomes dormant, the lien ceases to exist. Hence, it is imperative to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment. Dormancy occurs 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 not later than the second anniversary of dormancy.
2. State or State Agency Judgments.
The enforceability of state or state agency judgments remains active and does not expire. By filing an abstract of judgment in the correct manner, a lien is created that remains valid for 20 years from the filing date, and the lien’s duration can be prolonged for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes can render judgments of political subdivisions inactive; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that political subdivisions are not constrained by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, not limited to the two-year dormancy period.
4. Child Support Judgments.
All judgments for child support are exempted from the dormancy statute under section 34.001, subsection (c) of the Civ. Prac. & Rem. Code, which applies universally to all child support judgments irrespective of their age.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless specifically exempted by constitutional provisions, statutes, or any other applicable legal provisions, the execution retains the power to seize the judgment debtor’s property. Typically, the following types of property are not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats along with their motors and trailers; c. Collections comprising stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not enjoy any exemption for their property.
2. Property Exempt from Execution.
The following categories of property, regardless of whether they belong to a family or a single adult, are exempt from execution: a) The homestead b) Personal property falling under various specified categories as designated by statute, up to 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, capped at 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 the purpose of sepulcher g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee identifies other property 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) Specific consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure grants a judgment creditor the opportunity to investigate the relationship between a third party and the judgment debtor, aiming to establish if there are any outstanding funds or property owed to the debtor. Upon discovering such debts, the creditor (garnishor) can secure a garnishment judgment, instructing the third party (garnishee) to transfer payments to the garnishor in lieu of the judgment debtor.
Requirements to Issue
The availability of garnishment arises only after a judgment is obtained, provided certain conditions exist. Firstly, the creditor must hold 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 confirm, to the best of their knowledge, that the judgment debtor does not possess in Texas enough property subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s important to understand that a post-judgment garnishment action is a separate legal proceeding, unrelated to the main case it aims to enforce. The third-party garnishee should be named as the defendant, emphasizing their role in this additional lawsuit. The application for post-judgment garnishment should be filed in the same court that rendered the judgment, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
To begin the garnishment action, the garnishee must be served with the writ of garnishment. Although the judgment defendant is not considered a necessary party to the garnishment, 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, this rule requires 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, other than one dissolving the writ, void.
Banks as Garnishees for Writs of Garnishment
Delivery of garnishment writs to garnishee banks necessitates directing 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 are obligated to comply with the state’s laws governing foreign corporations conducting business within the state, which includes designating an agent for process under Section 201.102 when registering 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.
Officer’s Return.
According to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment is obligated to provide a return that complies with the citation rules. It is advisable for the judgment creditor to carefully review the return before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the rules applicable to other citations. Courts have invalidated returns that do not specify the manner of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
If a bank account or other debt owed by the judgment debtor that qualifies for garnishment is located and considered cost-effective, take the necessary steps by filing an Application for Garnishment along with a supporting affidavit, bearing the signature of the judgment creditor’s attorney. The affidavit should encompass the essential information required for the application, including particulars about the original suit and judgment, any credits applicable to the judgment, the appropriate garnishee name, officers designated for service, service address, and, if provided, account names and numbers.
If you’re facing challenges in collecting your judgment in Texas, Busby and Associates are here to help. Their contingency-based services ensure you won’t have to pay upfront fees. Judgments from other states involving a Texas-based judgment debtor are analyzed on an individual basis, sometimes necessitating a retainer. Moreover, in Palo Pinto County, they can assist you in garnishing a bank account or financial institution, maximizing the chances of recovering the judgment.
