Texas Writs of Garnishment to Collect Judgment Liens from Parker County, Texas
Are you seeking reliable legal representation for judgment defense, collection, and enforcement in Parker County, Texas? Look no further than Busby & Associates. Our skilled attorneys are experienced in garnishing bank accounts and financial institutions as part of our comprehensive approach to judgment-related matters. Additionally, as seasoned consumer bankruptcy, family law, and divorce lawyers, we are capable of assisting both obligors and obligees involved in child support lien cases. We also offer specialized knowledge in the domestication of foreign child support liens specific to Parker County, Texas. When you find yourself as a judgment creditor struggling to receive payment, we are here to guide you through the process. Contact us today, and let us provide you with the support and expertise you need to collect your judgment successfully, particularly when the debtor resides in Parker County, Texas.
Texas Judgment liens in Parker County
In Parker County, an appropriately fixed judgment lien operates as a lien on all nonexempt real property owned by the judgment debtor. The establishment of a judgment lien involves the proper recording and indexing of an abstract of judgment. It is mandatory to file the abstract of judgment in each county where the judgment lien is sought to be established. The duration of the lien extends for a period of ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is important to emphasize that the judgment on which the lien is based must be final, not interlocutory. However, in cases where 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 before the judgment is appealed, the fact of appeal will not negate the effect of such steps in the event of affirmance. These rules specifically pertain 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 first required to domesticate the judgment in Texas in order to create a lien, after which an abstract of judgment may be filed.
Texas Abstract of Judgment
The responsibility of preparing the abstract of judgment in Texas lies with the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, it should be noted that the judgment creditor is not permitted to prepare their own abstract in small claims and justice courts. Additionally, abstracts of federal court judgments require the certification provided by the clerk of the court. To abstract your judgment lien in Parker County, Texas, you can visit the County Clerk’s office situated at 1112 Santa Fe Dr, Weatherford, Texas 76086.
To meet the requirements of a Texas abstract of judgment, specific details must be provided to ensure compliance. These details include presenting the names of the plaintiff and defendant, providing the defendant’s birthdate (if known to the clerk of justice), disclosing the last three digits of the defendant’s driver’s license and social security number (if available), stating the suit number in which the judgment was rendered, specifying the defendant’s address or offering information about citation and the date and place of service if the address is not shown in the suit, indicating 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 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 unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
When the debtor possesses real property in Parker County, it is essential to document the abstract of judgment in that jurisdiction. The abstract is submitted to the Parker County clerk, who records it accurately in the county’s real property records, ensuring precise documentation of the recordation date and time. Moreover, the clerk is required to note on the abstract the day and hour of recordation and include the abstract in the alphabetical index to the real property records, indicating the names of each plaintiff and defendant in the judgment and the page number in which 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 level of enforceability as judgments filed in the originating court, ensuring their recognition and enforcement in Texas. The foreign judgment holder must fulfill the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien covers all nonexempt real property owned by the defendant and located in Parker County, where it is registered.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
A judgment lien’s duration is 10 years from the date of recording and indexing the abstract, unless it becomes dormant. To ensure the continuity of the lien, one must (1) keep the judgment alive 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 either 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 in effect and does not diminish. A valid abstract of judgment establishes a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment, preserving its enforceability.
3. Political Subdivisions.
While judgments of political subdivisions can go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that political subdivisions are not limited by the statute of limitations. Consequently, 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 pertaining to child support, covering all such judgments whether they were recently rendered or issued in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by constitutional provisions, statutes, or any other rule of law, the execution has the authority to seize the judgment debtor’s property. Generally, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their 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 possess any exempt 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 under various specified categories as defined by statute, up to a cumulative 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, 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 adequate 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Consigned artwork that meets specific criteria.
WRITS OF GARNISHMENT.
The post-judgment garnishment provides a procedural avenue for a judgment creditor to examine the relationship between a third party and the judgment debtor, in order to determine if there are any funds or property owed to the debtor. Upon discovering such debts, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.
Requirements to Issue
After securing a judgment, garnishment becomes an option if certain requirements are met. Firstly, the creditor must possess 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 assert, based on their knowledge, that the judgment debtor does not possess sufficient property in Texas subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is an autonomous legal proceeding separate from the main case it intends to enforce. The third-party garnishee should be identified as the defendant, signifying their role in this supplementary lawsuit. Ensure the application for post-judgment garnishment is filed in the same court that delivered the judgment, 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 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. Furthermore, this rule mandates 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 for one dissolving the writ, invalid and unenforceable.
Banks as Garnishees for Writs of Garnishment
To ensure successful delivery, garnishment writs served on garnishee banks should be sent 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 comply with the state’s laws for 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. Conversely, 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.
The officer entrusted with executing a writ of garnishment must provide a return that satisfies the citation regulations outlined in Tex. R. Civ. P. 663. It is recommended for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must conform to the rules governing citations in general. Courts have declared returns fatally defective if they do not specify the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
When a bank account or other debt owed by the judgment debtor that is eligible for garnishment is identified and found to be cost-effective, proceed by filing an Application for Garnishment with a supporting affidavit, signed by the judgment creditor’s attorney. Include the required information in the affidavit, such as details of the original suit and judgment, any credits applied to the judgment, the appropriate garnishee name, officers designated for service, service address, and, if applicable, account names and numbers.
Don’t let the challenges of collecting a judgment in Texas overwhelm you. Rely on Busby and Associates for assistance. With their contingency-based services, you won’t have to worry about upfront payments. Judgments from other states involving a Texas-based judgment debtor are assessed individually, sometimes requiring a retainer. Additionally, in Parker County, they possess the skills to help you garnish a bank account or financial institution, maximizing the chances of recovering the owed amount.