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

If you require assistance with judgment-related matters in Panola County, Texas, Busby & Associates is here to serve you. We possess a wealth of experience in defending, collecting, and enforcing judgments, with a particular focus on garnishing bank accounts and financial institutions. As knowledgeable consumer bankruptcy, family law, and divorce lawyers, we are also well-equipped to support both obligors and obligees involved in child support lien cases. Moreover, we specialize in the domestication of foreign child support liens specific to Panola County, Texas. Should you find yourself as a judgment creditor unable to secure payment or facing challenges, reach out to us. We’ll provide the necessary guidance and assistance to help you navigate the process and collect your judgment, especially if the debtor resides in Panola County, Texas.

Texas Judgment liens in Panola County

A judgment lien that has been properly fixed acts as a lien on all nonexempt real property owned by the judgment debtor in Panola County. The establishment of a judgment lien involves accurately recording and indexing an abstract of judgment. It is necessary to file the abstract of judgment in each county where the judgment lien is to be fixed. The duration of the lien extends for ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is crucial to note that the underlying judgment must be final, not interlocutory. However, in cases where the judgment is appealed or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Furthermore, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not diminish the impact of such 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 to create a lien, and then an abstract of judgment may be filed.

Texas Abstract of Judgment

In the state of Texas, the abstract of judgment can be prepared 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 allowed to prepare their own abstract. It is also worth mentioning that abstracts of federal court judgments require the certificate of the clerk of the court. If you need to abstract your judgment lien in Panola County, Texas, you can visit the County Clerk’s office located at 110 Sycamore St, Carthage, Texas 75633.

Contents

When preparing a Texas abstract of judgment, it is important to include specific information in accordance with legal requirements. This includes providing the names of the plaintiff and defendant, mentioning the defendant’s birthdate (if available to the clerk of justice), disclosing the last three numbers of the defendant’s driver’s license and social security number (if obtainable), stating the suit number in which the judgment was rendered, specifying the defendant’s address or providing information about citation, including the date and place of service if the address is not indicated in the suit, indicating the date on which the judgment was rendered, accurately stating the amount for which the judgment was rendered and the remaining 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. It is essential to note that the omission 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 the use of unsworn declarations is not permitted.

Recordation of Judgment Liens Abstract

The abstract of judgment must be recorded in Panola County, where the debtor has real property. The Panola County clerk receives the abstract and meticulously records it in the county’s real property records, making a notation of the date and hour of recordation. Furthermore, the clerk is mandated to enter the abstract in the alphabetical index to the real property records, showcasing the names of each plaintiff and defendant mentioned in the judgment and the corresponding 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 ensure that foreign judgments are enforceable in Texas to the same extent as judgments filed in the court where they originated. To domesticate the judgment in Texas, the foreign judgment holder must adhere to the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

All nonexempt real property owned by the defendant and recorded in Panola County is affected by the judgment lien, which takes effect in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains effective for 10 years from the date of recording and indexing the abstract, with the exception of dormancy, which nullifies the lien. To maintain the lien’s validity, it is necessary to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment. If the judgment becomes dormant, 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 do not become dormant and retain their legal force. When an abstract of judgment is properly filed, it creates a lien that remains in effect for 20 years from the date of filing, and the lien can be renewed for an additional 20-year period through the filing of a renewed abstract of judgment.

3.      Political Subdivisions.

Under dormancy statutes, judgments of political subdivisions may become dormant; nevertheless, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that political subdivisions are not barred by the statute of limitations. Hence, political subdivisions have the authority to revive the judgment at any time, surpassing the two-year dormancy period.

4.      Child Support Judgments.

The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to 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 can be subject to execution levy unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, 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 such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no exemption for their property.

2.      Property Exempt from Execution.

Property falling within the following categories is exempt from execution, whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under specified statutory categories, up to an aggregate 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, 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) Consigned artwork meeting specific criteria.

WRITS OF GARNISHMENT.

By utilizing the post-judgment garnishment process, a judgment creditor gains the ability to delve into the association between a third party and the judgment debtor, with the objective of identifying any funds or property owed to the debtor. If any such debts are uncovered, 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 can be pursued following the attainment of a judgment, but it hinges on meeting specific prerequisites. Firstly, the creditor must have 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 swear that, to their knowledge, the judgment debtor does not have adequate property in Texas subject to execution to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Remember that a post-judgment garnishment action constitutes an independent suit distinct from the main case it seeks to enforce. The third-party garnishee should be designated as the defendant, reflecting their involvement in this separate legal action. File the application for post-judgment garnishment in the same court that issued the judgment, but under a different cause number.

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

The garnishment process is initiated by serving the garnishee with the writ of garnishment. While the judgment defendant is not a necessary party to the garnishment action, they must be served 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. Moreover, it is required that the copy of the writ served to 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, except one dissolving the writ, void and without legal effect.

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.

Tex. R. Civ. P. 663 specifies that the officer executing a writ of garnishment must file a return that meets the citation requirements. It is prudent for the judgment creditor to thoroughly inspect the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as other citations. Courts have held returns fatally defective if they fail to indicate the method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

Should you come across a bank account or other debt owed by the judgment debtor that meets the criteria for garnishment and is determined to be cost-effective, initiate the process by filing an Application for Garnishment with a supporting affidavit, signed by the judgment creditor’s attorney. Make sure the affidavit contains the relevant details for the application, such as information about the original suit and judgment, any credits applied to the judgment, the correct garnishee name, officers authorized for service, service address, and, if obtainable, account names and numbers.

Busby and Associates can provide valuable support in collecting your Texas judgment. With their contingency-based services, you can avoid upfront expenses. Judgments from other states with a judgment debtor in Texas are carefully considered on a case-by-case basis, occasionally involving a retainer. Furthermore, in Panola County, they have the necessary expertise to help you garnish a bank account or financial institution, ensuring the successful recovery of the owed amount.