Texas Writs of Garnishment to Collect Judgment Liens from Rains County, Texas
In Rains County, Texas, Busby & Associates is your reliable partner for all aspects of judgment defense, collection, and enforcement. With a specialized focus on garnishing bank accounts and financial institutions, our skilled attorneys excel in defending, collecting, and enforcing judgments. As experienced consumer bankruptcy, family law, and divorce lawyers, we also extend our services to provide comprehensive assistance to both obligors and obligees involved in child support lien cases. Additionally, we possess the expertise to handle the domestication of foreign child support liens specific to Rains County, Texas. If you’re a judgment creditor facing challenges in receiving payment, we are here to support you. Contact us today for a consultation, and let us help you navigate the process with confidence, ensuring the successful collection of your judgment.
Texas Judgment liens in Rains County
A judgment lien, when properly fixed, functions as a lien on all nonexempt real property owned by the judgment debtor in Rains County. The establishment of a judgment lien involves 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 judgment lien is sought to be established. The lien remains in effect for ten years from the date of recordation and indexing, as long as 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, an abstract of judgment can still be filed on a final judgment if the judgment is being appealed or a supersedeas bond has been filed. 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 diminish the effect 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 then an abstract of judgment may be filed.
Texas Abstract of Judgment
The state of Texas 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. It is important to note that abstracts of federal court judgments require the certificate of the clerk of the court. In Rains County, Texas, you can abstract your judgment lien at the County Clerk’s office situated at 220 W Quitman St #B, Emory, Texas 75440.
To meet the requirements of a Texas abstract of judgment, specific information must be provided with diligence. This includes stating the names of the plaintiff and defendant, indicating the defendant’s birthdate (if known to the clerk of justice), disclosing the last three numbers 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 displayed 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 mentioned in the judgment, and including the mailing address for each plaintiff or judgment creditor. It is crucial to note that the omission 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 permitted.
Recordation of Judgment Liens Abstract
When the debtor has real property in Rains County, it is essential to record the abstract of judgment in that specific jurisdiction. The abstract is delivered to the Rains County clerk, who proceeds to record it in the county’s real property records, carefully documenting the recordation date and time. Simultaneously, the clerk is required to enter 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 the records where the abstract is 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. Adhering to the lien requirements is crucial for the foreign judgment holder to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien applies to all nonexempt real property owned by the defendant and located in Rains County, where it is recorded.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains active for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. To ensure the lien’s continuity, it is necessary to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment. If the judgment enters a dormant state, 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 retain their enforceability and do not become dormant. When a properly filed abstract of judgment is in place, it creates a lien that lasts for 20 years from the filing date, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment, ensuring its enforceability for up to 40 years.
3. Political Subdivisions.
While judgments of political subdivisions can go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that political subdivisions are not subject to the statute of limitations. Therefore, political subdivisions have the freedom to revive judgments 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 outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies broadly 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 authorized to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, the following types of property are not 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 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) Specific 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 allows a judgment creditor to inquire about the relationship between a third party and the judgment debtor, aiming to determine whether there are any funds or property owed to the debtor. Should any such debts be uncovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.
Requirements to Issue
The availability of garnishment after a judgment hinges on fulfilling certain requirements. 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, based on their knowledge, that the judgment debtor does not have sufficient property in Texas subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Keep in mind that a post-judgment garnishment action constitutes a separate legal proceeding distinct from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, highlighting their role 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.
To begin the garnishment action, the garnishee must be served with the writ of garnishment. Although the judgment defendant is not considered a necessary party to the garnishment, they must be served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. Furthermore, 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, invalid and unenforceable.
Banks as Garnishees for Writs of Garnishment
To ensure the proper delivery of garnishment writs to garnishee banks, it is necessary to send them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State pursuant to 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 registering 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 provide a return that complies with the citation regulations. It is advisable for the judgment creditor to carefully examine 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 to be fatally defective if they do not reveal the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
When a bank account or other debt owed by the judgment debtor that is suitable for garnishment is discovered and determined to be financially feasible, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. Make sure that the affidavit encompasses 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 authorized for service, service address, and, if applicable, account names and numbers.
Need assistance with collecting your judgment in Texas? Busby and Associates are here to support you. With their contingency-based services, you can proceed without any upfront payments. Judgments from other states with a judgment debtor in Texas are carefully evaluated individually, sometimes necessitating a retainer. Additionally, in Rains County, they can help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.