Texas Writs of Garnishment to Collect Judgment Liens from Presidio County, Texas
When it comes to judgment-related matters in Presidio County, Texas, Busby & Associates is your trusted legal partner. Our dedicated team of attorneys is skilled in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive support to both obligors and obligees involved in child support lien cases. Moreover, we are well-versed in the domestication of foreign child support liens specific to Presidio County, Texas. If you’re a judgment creditor struggling to receive payment, we are here to assist you. Contact us today, and we’ll guide you through the process, offering expert advice and personalized solutions to help you collect your judgment effectively.
Texas Judgment liens in Presidio County
An appropriately fixed judgment lien operates as a lien on all nonexempt real property owned by the judgment debtor in Presidio County. The establishment of a judgment lien involves the proper recording and indexing of an abstract of judgment. To fix the judgment lien, it is required to file the abstract of judgment in each county where the judgment lien is sought to be established. The lien remains valid for ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is essential to note that the judgment on which the lien is based must be final, not interlocutory. However, an abstract of judgment can be filed on a final judgment even if the judgment is being appealed or a supersedeas bond has been filed. 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 negate the effect of such 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. 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 Texas, the abstract of judgment for judgments rendered in all but small claims and justice courts 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, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Furthermore, abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Presidio County, Texas, you can abstract it at the County Clerk’s office located at 300 Highland St, Marfa, Texas 79843.
When compiling a Texas abstract of judgment, it is essential to include specific details to ensure compliance. This includes providing the names of the plaintiff and defendant, indicating 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), mentioning the suit number in which the judgment was rendered, specifying the defendant’s address or providing information about citation and the date and place of service if the address is not mentioned in the suit, mentioning 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 specified in the judgment, and including the mailing address for each plaintiff or judgment creditor. Failure to include 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 not admissible.
Recordation of Judgment Liens Abstract
The abstract of judgment must be recorded in Presidio County, where the debtor possesses real property. Upon submission of the abstract, the Presidio County clerk diligently records it in the county’s real property records, ensuring accurate notation of the recordation date and time. Additionally, the clerk is obliged to include the abstract in the alphabetical index to the real property records, displaying 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act grant foreign judgments the same enforceability as judgments filed in the originating court, ensuring their recognition and enforceability in Texas. Compliance with the lien requirements is mandatory for the foreign judgment holder when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Presidio County is subject to the judgment lien, encompassing all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains valid for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is crucial to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment. Dormancy occurs if a writ of execution is not issued within 10 years from the judgment’s rendition, 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.
The enforceability of state or state agency judgments remains intact and does not expire. A valid abstract of judgment creates a lien that lasts for 20 years from the filing date, and the lien can be renewed for an additional 20 years by filing a renewed abstract of judgment, preserving its validity.
3. Political Subdivisions.
Judgments of political subdivisions can become dormant under dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that political subdivisions are not restricted by the statute of limitations. Thus, political subdivisions have the flexibility to revive judgments at any time, surpassing 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 related to child support, encompassing 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 power to seize the judgment debtor’s property. In most instances, 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 comprising 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 following categories of property, regardless of whether they belong to a family or a single adult, are exempt from execution: a) The homestead b) Personal property falling under various specified categories as specified 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, capped at 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 the purpose of sepulcher g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, provided 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Specific consigned artwork.
WRITS OF GARNISHMENT.
When seeking to establish whether a third party owes any funds or property to the judgment debtor, a judgment creditor can employ the post-judgment garnishment process. Upon discovering any outstanding debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor in place of the judgment debtor.
Requirements to Issue
After obtaining a judgment, garnishment can be pursued only if specific conditions are 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 swear that, to their knowledge, the judgment debtor does not have in their possession sufficient property in Texas subject to execution to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is an independent legal action separate from the main case it seeks to enforce. The third-party garnishee should be named as the defendant, acknowledging their involvement in this additional 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.
The garnishment action is initiated by serving the garnishee with the writ of garnishment. While the judgment defendant is not a necessary party in the garnishment proceedings, they must be promptly served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders after the garnishee has been served. Moreover, this rule requires that the copy of the writ served to the defendant contains 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 one dissolving the writ, null and void.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs to garnishee banks requires that they 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 seeking registration with the Secretary of State 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. Conversely, Texas financial institutions have the option to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.
The officer tasked with executing a writ of garnishment is required to file a return that meets the citation requirements, as outlined in Tex. R. Civ. P. 663. It is prudent for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, especially in the case of default judgment. Returns in garnishment proceedings must comply with the rules governing citations in general. Courts have deemed returns as fatally defective if they fail to indicate the manner of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Upon locating a bank account or other debt owed by the judgment debtor that qualifies for garnishment and is found to be cost-effective, proceed by filing an Application for Garnishment along with a supporting affidavit signed by the judgment creditor’s attorney. Ensure that the affidavit contains the necessary information for the application, including 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 provided, account names and numbers.
Facing difficulties in collecting your judgment in Texas? Seek the expertise of Busby and Associates. With their contingency-based services, you won’t have to worry about upfront costs. Judgments from other states involving a Texas-based judgment debtor are examined on a case-by-case basis, occasionally requiring a retainer. Moreover, in Presidio County, they have the necessary skills to help you garnish a bank account or financial institution and recover the owed amount.