Texas Writs of Garnishment to Collect Judgment Liens from Parmer County, Texas
In Parmer County, Texas, Busby & Associates is your trusted partner for all your judgment-related needs. Our skilled team of attorneys is experienced in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also extend our services to assist both obligors and obligees under a child support lien with collections prosecution and defense. Moreover, we offer support for the domestication of foreign child support liens specific to Parmer County, Texas. If you find yourself as a judgment creditor struggling to receive payment, we are here to help. Give us a call, and we’ll discuss the process with you, guiding you through the necessary steps to collect your judgment when the debtor resides in Parmer County, Texas.
Texas Judgment liens in Parmer County
A properly fixed judgment lien functions as a lien on all nonexempt real property owned by the judgment debtor in Parmer County. The establishment of a judgment lien is achieved by accurately recording and indexing an abstract of judgment. To fix the judgment lien, it is necessary to file the abstract of judgment in each county where the lien is sought. The duration of the lien lasts for ten years from the date of recordation and indexing, provided that the judgment remains active and does not become dormant. It is crucial to note that the judgment on which the lien is based must be final, excluding interlocutory judgments. However, in cases where the judgment is under appeal or a supersedeas bond has been filed, an abstract of judgment can still be filed based on the final judgment. Moreover, if a judgment creditor has taken the required steps to obtain a lien before the judgment is appealed, the fact of appeal will not diminish the effectiveness of those steps in the event of affirmance. These rules apply specifically to judgments issued by Texas state trial courts and do not encompass the enforcement of judgments from other states and foreign jurisdictions. In order 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 for judgments rendered in all but small claims and justice courts can be prepared by the judge, justice of the peace, clerk of the court, or the judgment creditor or his agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. It is also important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you are in Parmer County, Texas, you can abstract your judgment lien at the County Clerk’s office located at 401 3rd St, Farwell, Texas 79325.
Crafting a Texas abstract of judgment requires meticulous inclusion of specific information to ensure compliance. This includes providing the names of the plaintiff and defendant, stating 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 obtainable), indicating 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 mentioned in the suit, stating the date of judgment, accurately specifying the amount awarded 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. Remember, the absence 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 unsworn declarations are strictly prohibited.
Recordation of Judgment Liens Abstract
Proper recording of the abstract of judgment entails its documentation in Parmer County, where the debtor possesses real property. The Parmer County clerk receives the abstract and diligently records it in the county’s real property records, ensuring accurate notation of the recordation day and hour. Additionally, the clerk is obligated to enter the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is officially recorded.
Abstracts of Domesticated Judgment Liens.
Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. The satisfaction of the lien requirements is necessary for the foreign judgment holder to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Parmer County is where the judgment lien attaches to all nonexempt real property owned by the defendant and recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains enforceable for a period of 10 years from the recording and indexing of the abstract, except in the case of dormancy, where the lien ceases to exist. Therefore, it is crucial to (1) actively maintain 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 no later than the second anniversary of dormancy.
2. State or State Agency Judgments.
State or state agency judgments remain enforceable and do not go dormant. By filing an abstract of judgment correctly, a lien is established 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, ensuring its enforceability for a total of 40 years.
3. Political Subdivisions.
Dormancy statutes may cause judgments of political subdivisions to become inactive; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) preserves the right of political subdivisions to revive the judgment without being bound by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any given time, even beyond the two-year dormancy period.
4. Child Support Judgments.
The exception to the dormancy statute for child support judgments is delineated in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and broadly applies to all child support judgments, irrespective of their date of rendering or issuance.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution is entitled to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. In most cases, the following types of property will not be exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and associated 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 have any protected property.
2. Property Exempt from Execution.
Irrespective of whether it pertains to a family or a single adult, the execution process exempts property falling under the following categories: a) The homestead b) Personal property of diverse categories as specified by statute, with a total 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, 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) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Artwork consigned under specific circumstances.
WRITS OF GARNISHMENT.
When a judgment creditor seeks to ascertain whether a third party owes any funds or property to the judgment debtor, they can invoke the post-judgment garnishment process. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to make payments to the garnishor rather than the judgment debtor.
Requirements to Issue
The option of garnishment is available after judgment, but specific conditions must be satisfied. 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 affirm, to the best of their knowledge, that the judgment debtor does not possess enough property in Texas that is subject to execution and can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Keep in mind that a post-judgment garnishment action represents a discrete legal suit, distinct from the main case it aims to enforce. The third-party garnishee should be named as the defendant, indicating their involvement in this ancillary litigation. File the application for post-judgment garnishment in the same court that rendered the judgment, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment is to be served on the garnishee to initiate the garnishment action. 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 requires 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 unenforceable.
Banks as Garnishees for Writs of Garnishment
The address designated as the registered agent of the financial institution, as stated in its registration statement filed with the Secretary of State pursuant to Section 201.102 or 201.103 of the Finance Code, serves as the delivery location for garnishment writs served on garnishee banks. Out-of-state financial institutions must comply with the state’s laws for foreign corporations conducting business in the state, which includes 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.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must furnish a return that complies with the citation regulations. It is prudent for the judgment creditor to carefully inspect the return before seeking a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have held returns fatally defective if they do not reveal the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
If you locate a bank account or other debt owed by the judgment debtor that can be subjected to garnishment and it is determined to be cost-effective, complete the process by filing an Application for Garnishment with a supporting affidavit, signed by the judgment creditor’s attorney. Ensure that the affidavit provides the necessary information, such as details of the original suit and judgment, any credits applied to the judgment, the correct garnishee name, officers authorized for service, service address, and, if available, account names and numbers.
When it comes to collecting your judgment in Texas, Busby and Associates have got you covered. Their contingency-based services mean you won’t have to bear any upfront costs. Judgments from other states with a Texas-based judgment debtor are carefully evaluated case by case, potentially with a retainer involved. Furthermore, in Parmer County, they can guide you in garnishing a bank account or financial institution, ensuring the successful recovery of the owed amount.