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

At Busby & Associates, we pride ourselves on our comprehensive approach to judgment matters in Pecos County, Texas. Our dedicated team of attorneys excels in defending, collecting, and enforcing judgments, with a particular focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide valuable assistance to both obligors and obligees involved in child support lien cases. Additionally, we specialize in the domestication of foreign child support liens specific to Pecos County, Texas. If you’re a judgment creditor struggling to secure payment, we invite you to contact us. We’ll take the time to understand your unique situation and guide you through the process, ensuring that you receive the assistance you need to successfully collect your judgment.

Texas Judgment liens in Pecos County

In Pecos County, a properly fixed judgment lien serves as a lien on all nonexempt real property owned by the judgment debtor. The creation of a judgment lien requires the accurate recording and indexing of 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 intended to be established. The duration of the lien extends for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to note that the underlying judgment 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. 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 nullify the effect 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 first required to domesticate the judgment in Texas, and then an abstract of judgment may be filed.

Texas Abstract of Judgment

Texas law allows either the judge, justice of the peace, clerk of the court, or the judgment creditor or his agent, attorney, or assignee to prepare the abstract of judgment for judgments rendered in all but small claims and justice courts. However, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Additionally, it should be noted that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Pecos County, Texas, you can abstract it at the County Clerk’s office located at 200 S Nelson St, Fort Stockton, Texas 79735.

Contents

In order to comply with Texas regulations, a detailed abstract of judgment must be prepared, including specific information. This includes providing the names of the plaintiff and defendant, indicating 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), mentioning 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 indicated in the suit, stating the date of judgment, accurately specifying 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 important to note that the exclusion 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 may not be used.

Recordation of Judgment Liens Abstract

Pecos County is the designated location for recording the abstract of judgment in cases where the debtor has real property there. The abstract is submitted to the Pecos County clerk, who proceeds to record it meticulously in the county’s real property records, carefully noting the date and time of recordation. Moreover, the clerk is required to include the abstract in the alphabetical index to the real property records, displaying the names of all plaintiffs and defendants mentioned 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 stipulate that judgments filed pursuant to these Acts have the same enforceability as judgments in the court where they were originally filed. The foreign judgment holder must comply with the lien requirements in order to domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property recorded in Pecos County is encumbered by the judgment lien that applies to all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

In order to keep the judgment lien valid, it must be recorded and indexed in an abstract for a period of 10 years. However, if the judgment becomes dormant, the lien loses its effectiveness. Thus, it is necessary to (1) keep the judgment active 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 rendering, 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.

Judgments issued by the state or a state agency do not lose their enforceability and remain legally valid. A properly filed abstract of judgment creates a lien that remains active for 20 years from the date of filing, and the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Political subdivisions’ judgments may go dormant under dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that political subdivisions are not barred 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.

Child support judgments are specifically exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, applicable to all such judgments regardless of when they were rendered.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless constitutionally, statutorily, or by any other rule of law exempted, the execution has the power to levy the judgment debtor’s property. Generally, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including 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.

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, if 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Artwork consigned under specific circumstances.

WRITS OF GARNISHMENT.

The post-judgment garnishment process serves as a means for a judgment creditor to investigate the connection between a third party and the judgment debtor, aiming to identify any funds or property owed to the debtor. In the presence of such debts, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to transfer payments to the garnishor instead of the judgment debtor.

Requirements to Issue

Garnishment can be pursued subsequent to obtaining a judgment, provided that certain conditions exist. 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 declare, based on their knowledge, that the judgment debtor does not have adequate property in Texas subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

When initiating a post-judgment garnishment action, remember that it constitutes a separate legal action from the main case it seeks to enforce. The third-party garnishee should be treated as the defendant, highlighting their role in this supplementary lawsuit. 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.

To initiate 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 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 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, null and void.

Banks as Garnishees for Writs of Garnishment

Delivery of garnishment writs to garnishee banks requires sending them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State in accordance with 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, which includes designating an agent for process under Section 201.102 when seeking 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.

Officer’s Return.

The officer in charge of executing a writ of garnishment is mandated to file a return that adheres to the citation rules as stated in Tex. R. Civ. P. 663. It is essential for the judgment creditor to review the return thoroughly before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have invalidated returns that fail to indicate the method of service on a corporate garnishee or the place of service, deeming them fatally defective.

Forms for the form and Practical Procedure

Once a bank account or other debt owed by the judgment debtor that can be garnished is discovered and considered cost-effective, proceed with the filing of an Application for Garnishment, accompanied by a supporting affidavit. The affidavit, signed by the judgment creditor’s attorney, should contain the required information for the application, including 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 provided, account names and numbers.

Trust Busby and Associates to assist you in collecting your judgment in Texas. With their contingency-based services, there’s no need for upfront payments. Judgments from other states involving a Texas-based judgment debtor are reviewed on an individual basis, sometimes necessitating a retainer. Moreover, in Pecos County, they possess the necessary expertise to help you garnish a bank account or financial institution and recover the owed amount.