Texas Writs of Garnishment to Collect Judgment Liens from Red River County, Texas
In Red River County, Texas, Busby & Associates is the go-to law firm for all your judgment-related needs. Our dedicated team of attorneys is highly 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 extend our services to assist both obligors and obligees involved in child support lien cases. Moreover, we possess the expertise to handle the domestication of foreign child support liens specific to Red River County, Texas. If you’re a judgment creditor facing challenges in receiving payment, contact us today for personalized guidance and a comprehensive approach to help you collect your judgment.
Texas Judgment liens in Red River County
A judgment lien, when properly established, operates as a lien on all nonexempt real property owned by the judgment debtor in Red River 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 lien is sought to be established. The duration of the lien is 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, even if the judgment is under appeal 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 obtain a lien before the judgment is appealed, the fact of appeal will not diminish the effectiveness 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
Texas law permits various individuals, such as the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee, to prepare the abstract of judgment. However, it is important to remember that in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Additionally, abstracts of federal court judgments require the certificate issued by the clerk of the court. To abstract your judgment lien in Red River County, Texas, you can go to the County Clerk’s office located at 200 N Walnut St, Clarksville, Texas 75426.
In order to meet the Texas requirements for an abstract of judgment, specific details must be included to ensure compliance. These details 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 available), the suit number in which the judgment was rendered, the defendant’s address or citation details, such as the nature of citation and the date and place of service if the address is not provided in the suit, the date of judgment, the amount for which the judgment was rendered and the balance due, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. It is essential to note that the abstract prepared by the creditor’s attorney must be verified, and unsworn declarations are not permissible.
Recordation of Judgment Liens Abstract
When the debtor holds real property in Red River County, it is crucial to record the abstract of judgment in that jurisdiction. The abstract is received by the Red River County clerk, who records it diligently in the county’s real property records, meticulously noting the recordation date and time. Moreover, the clerk is required to enter the abstract in the alphabetical index to the real property records, providing comprehensive information such as the names of each plaintiff and defendant in the judgment and the 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 level of enforceability as judgments filed in the originating court, ensuring their recognition and enforceability in Texas. Complying with the lien requirements is a prerequisite for the foreign judgment holder to successfully domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien covers all nonexempt real property owned by the defendant and located in Red River County, where it is enforceable.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien retains its enforceability for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is imperative 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 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 diminish. When an abstract of judgment is filed correctly, it creates a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
While dormancy statutes can result in political subdivisions’ judgments going dormant, the revival statute (Civ. Prac. & Rem. Code § 31.006) stipulates that the political subdivision is not subject to the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, regardless of 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 concerning child support, covering all such judgments, whether 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 other legal rules, the execution has the authority to seize the judgment debtor’s property. Generally, 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 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 in the following categories is exempt from execution, whether for a family or a single adult: a) The homestead b) Personal property falling under diverse categories specified by statute, up to the aggregate fair market value of $100,000.00 for a family or $50,000.00 for a single adult who is not a member of a family c) Current wages for personal service (except for child support) and unpaid commissions for personal services 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 sold, mortgaged, or conveyed in trust by the judgment debtor if the purchaser, mortgagee, or trustee identifies other property sufficient to satisfy the execution h) Assets in the hands of 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 wishes to determine whether a third party owes any funds or property to the judgment debtor, they can resort to the post-judgment garnishment process. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor in place of the judgment debtor.
Requirements to Issue
The option of garnishment is available subsequent to the acquisition of a judgment, provided that certain conditions are met. These conditions are as follows: a) The creditor must possess a valid and subsisting judgment against the debtor, with the judgment being considered final and subsisting from the date of rendition. b) The debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor must state, based on their knowledge, that the judgment debtor does not possess sufficient property in Texas subject to execution, capable of satisfying 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 apart from the main case it seeks to enforce. The third-party garnishee should be named as the defendant, signifying their involvement in this ancillary lawsuit. File the application for post-judgment garnishment in the same court that delivered the judgment, utilizing a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment is to be served on the garnishee to initiate the garnishment action, and a copy of the writ of garnishment, the application, accompanying affidavits, and court orders must be promptly served on the judgment defendant after the garnishee has been served. Furthermore, it is mandatory 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 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.
Banks as Garnishees for Writs of Garnishment
To ensure proper delivery, writs of garnishment served on garnishee banks 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, as required by Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with the laws of the state for foreign corporations doing business in the state, which includes 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 file a statement with the Secretary of State appointing an agent for process under Section 201.103.
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
Should you come across a bank account or other debt owed by the judgment debtor that meets the requirements for garnishment and is considered 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 necessary information for the application, including the details of the original lawsuit and judgment, any credits applied to the judgment, the accurate garnishee name, designated officers for service, service address, and any available account names and numbers.
Having trouble collecting your judgment in Texas? Seek guidance from Busby and Associates. With their contingency-based services, you can avoid upfront expenses. Judgments from other states involving a Texas-based judgment debtor undergo individual examination, occasionally involving a retainer. Additionally, in Red River County, they can help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.