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

Seeking expert help with judgment-related issues in Real County, Texas? Look no further than Busby & Associates. Our skilled team of attorneys is experienced in defending, collecting, and enforcing judgments, placing particular emphasis 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. Furthermore, we possess specialized knowledge in the domestication of foreign child support liens specific to Real County, Texas. If you’re a judgment creditor encountering difficulties in receiving payment, reach out to us for a consultation. We’ll work closely with you to navigate the process and ensure the successful collection of your judgment.

Texas Judgment liens in Real County

In Real County, the effectiveness of a properly established judgment lien extends to all nonexempt real property owned by the judgment debtor. To create a judgment lien, the accurate recording and indexing of an abstract of judgment are essential. To establish the judgment lien, it is necessary to file the abstract of judgment in each county where the lien is intended to be fixed. The duration of the lien is 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 underlying judgment must be final, excluding interlocutory judgments. However, even if the judgment is being appealed or a supersedeas bond has been filed, an abstract of judgment can still be filed based on the final judgment. Additionally, if a judgment creditor has taken the necessary steps to secure a lien before the judgment is appealed, the appeal itself will not invalidate the effectiveness 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 necessary to first domesticate the judgment in Texas to create a lien, and subsequently, an abstract of judgment can be filed.

Texas Abstract of Judgment

The state of Texas provides options for the preparation of the abstract of judgment, which can be done by the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, please be aware that in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Additionally, abstracts of federal court judgments require the certificate issued by the clerk of the court. If you wish to abstract your judgment lien in Real County, Texas, you can do so at the County Clerk’s office located at 101 Market St, Leakey, Texas 78873.

Contents

To fulfill the requirements of a Texas abstract of judgment, specific elements must be incorporated to meet legal standards. These elements consist of the names of the plaintiff and defendant, the defendant’s birthdate (if known to the clerk of justice), the last three digits of the defendant’s driver’s license and social security number (if obtainable), the suit number in which the judgment was rendered, the defendant’s address or, in case of absence, the nature of citation, and the date and place of service of citation, the date on which the judgment was rendered, the amount awarded and the outstanding balance, any child support arrearage, the interest rate mentioned in the judgment, and the mailing address for each plaintiff or judgment creditor. Note that the omission of the mailing address may result in the imposition of a penalty filing fee. Furthermore, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not permissible.

Recordation of Judgment Liens Abstract

In Real County, where the debtor possesses real property, it is imperative to officially record the abstract of judgment. The abstract is submitted to the Real County clerk, who diligently records it in the county’s real property records, making careful notation of the recordation date and time. Simultaneously, the clerk is required to enter the abstract in the alphabetical index to the real property records, including comprehensive details such as the names of each plaintiff and defendant mentioned in the judgment and the corresponding page number where the abstract is filed.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act possess the same enforceability as judgments filed in the court of origin, thereby allowing for their enforcement in Texas. The foreign judgment holder must comply with the lien requirements when seeking to domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

Real County is where the judgment lien binds the defendant’s nonexempt real property, encompassing all properties recorded in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To ensure the judgment lien remains in effect, it is necessary for the lien to be recorded and indexed in the abstract for a period of 10 years. However, if the judgment becomes dormant, the lien ceases to be enforceable. Therefore, it is vital to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment. A judgment becomes dormant 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.

The enforceability of state or state agency judgments remains in place and does not expire. By filing an abstract of judgment correctly, a lien is created that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years through the submission of a renewed abstract of judgment.

3.      Political Subdivisions.

While judgments of political subdivisions can become dormant per the dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) states that the political subdivision is not restricted by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.

4.      Child Support Judgments.

All judgments for child support are excepted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which universally applies to all child support judgments irrespective of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless specifically exempted by constitutional provisions, statutes, or other applicable law, the execution retains the authority to seize the judgment debtor’s property. Typically, the following types of property are not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats along with their motors and trailers; c. Collections comprising stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not enjoy any exemption for their property.

2.      Property Exempt from Execution.

Irrespective of whether it pertains to a family or a single adult, property falling within the following categories is exempt from execution: 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 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 needs to investigate whether a third party owes any funds or property to a judgment debtor, they can use the post-judgment garnishment process. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor rather than to the debtor.

Requirements to Issue

After securing a judgment, garnishment can be pursued under specific circumstances. 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 attest, to the best of their knowledge, that the judgment debtor does not possess adequate property in Texas subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It is important to understand that a post-judgment garnishment action constitutes a separate legal proceeding from the main case it intends to enforce. The third-party garnishee should be treated as the defendant, reflecting their involvement in this ancillary lawsuit. File the application for post-judgment garnishment in the same court that rendered the judgment, using a different cause number.

Service of the writ of garnishment/notice to judgment debtor.

Serving the garnishee with the writ of garnishment marks the commencement of the garnishment action. Although the judgment defendant is not a necessary party, 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. Additionally, the copy of the writ served to the defendant must contain its contents in 12-point type and be presented in a manner calculated to apprise a reasonably attentive person. Failure to provide proper notice to the judgment debtor concerning the garnishment results in any judgment, except one dissolving the writ, being rendered null and void.

Banks as Garnishees for Writs of Garnishment

Delivery of writs of garnishment to garnishee banks is to be made at the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State in compliance with Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must adhere to the state’s laws for foreign corporations doing business in the state by applying for registration with the Secretary of State, which includes designating an agent for process under Section 201.102. Conversely, Texas financial institutions may file a statement with the Secretary of State appointing an agent for process under Section 201.103.

Officer’s Return.

The writ of garnishment must be executed by an officer who will submit a return conforming to citation regulations, as stated in Tex. R. Civ. P. 663. It is important for the judgment creditor to carefully review the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as citations in general. Courts have voided returns that do not indicate the method and location of service on a corporate garnishee.

Forms for the form and Practical Procedure

Once a bank account or other debt owed by the judgment debtor, which can be subjected to garnishment, is identified and confirmed to be cost-effective, it is necessary to file an Application for Garnishment with a supporting affidavit. The affidavit, to be signed by the attorney representing the judgment creditor, should include the required information for the application, such as the details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, designated officers for service, service address, and, if available, relevant account names and numbers.

Trust Busby and Associates to handle the collection of your Texas judgment. Their contingency-based services ensure you don’t have to pay upfront costs. Judgments from other states involving a Texas-based judgment debtor are reviewed individually, potentially necessitating a retainer. Additionally, in Real County, they can assist you in garnishing a bank account or financial institution, maximizing your chances of recovering the owed amount.