Texas Writs of Garnishment to Collect Judgment Liens from Potter County, Texas
Are you in need of effective solutions for judgment-related matters in Potter County, Texas? Look no further than Busby & Associates. Our team of skilled attorneys is skilled in defending, collecting, and enforcing judgments, with a strong focus on garnishing bank accounts and financial institutions. As accomplished consumer bankruptcy, family law, and divorce lawyers, we are also well-equipped to support both obligors and obligees in child support lien cases. Additionally, we possess extensive knowledge in the domestication of foreign child support liens specific to Potter County, Texas. If you’re a judgment creditor struggling to recover what you’re owed, contact us today. We’ll provide you with a comprehensive understanding of the process and guide you towards a successful resolution.
Texas Judgment liens in Potter County
In Potter County, a judgment lien that has been properly fixed acts 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 sought to be established. The duration of the lien is 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, even in cases where the judgment is under appeal 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 nullify 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 subsequently, an abstract of judgment may be filed.
Texas Abstract of Judgment
In Texas, the abstract of judgment can be prepared by the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, such as their agent, attorney, or assignee, for judgments rendered in all but small claims and justice courts. However, the judgment creditor is not permitted to prepare their own abstract in small claims and justice courts. It is worth mentioning that abstracts of federal court judgments require the certificate provided by the clerk of the court. For abstracting your judgment lien in Potter County, Texas, you can visit the County Clerk’s office situated at 500 S Fillmore St #402, Amarillo, Texas 79101.
To ensure compliance with legal guidelines, a Texas abstract of judgment must contain specific information. This includes providing the names of the plaintiff and defendant, stating 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 accessible), 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 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 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 the use of unsworn declarations is prohibited.
Recordation of Judgment Liens Abstract
Potter County serves as the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is presented to the Potter County clerk, who meticulously records it in the county’s real property records, making careful note of the recordation date and time. Furthermore, the clerk is required to enter the abstract in the alphabetical index to the real property records, including the names of each plaintiff and defendant mentioned in the judgment and 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 establish that foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. The foreign judgment holder must satisfy the lien requirements when seeking to domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Potter County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To maintain the judgment lien, it remains in force for a duration of 10 years following the recording and indexing of the abstract, except in the case of dormancy. Thus, it is essential to (1) keep the judgment alive 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 efficacy. An abstract of judgment, when filed correctly, establishes a lien that remains in force for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes may lead to the dormancy of judgments related to political subdivisions; nevertheless, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that political subdivisions are not precluded by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any given time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes an exception for child support judgments from the dormancy statute, encompassing 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 is subject to execution levy unless it is specifically exempted by constitutional provisions, statutes, or any other rule of law. Generally, 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 protected 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) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Consigned artwork meeting specific criteria.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure offers a legal avenue for a judgment creditor to explore the relationship between a third party and the judgment debtor, with the objective of determining if there are any funds or property owed to the debtor. If any such debts exist, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.
Requirements to Issue
Garnishment is available after a judgment is obtained, subject to meeting certain conditions. 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 affirm, to the best of their knowledge, that the judgment debtor does not possess in Texas sufficient property subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action represents a distinct legal suit apart from the main case it intends to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this supplementary litigation. File the application for post-judgment garnishment in the same court that delivered the judgment, but with a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In the garnishment process, the garnishee must receive the writ of garnishment. Although 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. Additionally, it is stipulated that the copy of the writ served to the defendant shall contain its contents in 12-point type and shall be 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 for one dissolving the writ, void.
Banks as Garnishees for Writs of Garnishment
To facilitate the delivery of garnishment writs to garnishee banks, they must be delivered 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, including designating an agent for process under Section 201.102 when applying for registration with the Secretary of State. On the other hand, 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.
Tex. R. Civ. P. 663 mandates that the officer responsible for executing a writ of garnishment must provide a return that complies with the citation regulations. It is recommended for the judgment creditor to thoroughly review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as other citations. Courts have held returns to be fatally defective if they do not indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you come across a bank account or other debt owed by the judgment debtor that meets the requirements for garnishment and is determined to be cost-effective, proceed by filing an Application for Garnishment supported by a signed affidavit from the judgment creditor’s attorney. Ensure that the affidavit includes the relevant information, such as the details of the original suit and judgment, any credits applied to the judgment, the appropriate garnishee name, officers designated for service, service address, and any available account names and numbers.
Allow Busby and Associates to assist you in collecting your judgment in Texas. With their contingency-based services, you can proceed without any upfront expenses. Judgments from other states with a Texas-based judgment debtor are evaluated individually, sometimes with a retainer involved. Furthermore, in Potter County, they possess the expertise to help you garnish a bank account or financial institution, ensuring the successful recovery of the judgment amount.