Texas Writs of Garnishment to Collect Judgment Liens from Reeves County, Texas
At Busby & Associates, we understand the complexities of judgment collection in Reeves County, Texas. Our skilled attorneys is experienced in defending, collecting, and enforcing judgments, with a particular focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide dedicated support to both obligors and obligees involved in child support lien cases. Additionally, we have the expertise to handle the domestication of foreign child support liens specific to Reeves County, Texas. If you’re a judgment creditor struggling to recover what is rightfully yours, contact us today for a personalized consultation. We’ll guide you through the process and help you collect your judgment effectively.
Texas Judgment liens in Reeves County
In Reeves County, a properly fixed judgment lien 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 intended to be established. The duration of the lien extends for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to emphasize that the judgment on which the lien is based 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. Moreover, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the appeal itself will not negate 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 for the abstract of judgment to be prepared by either 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. However, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. It is also important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Reeves County, Texas, you can abstract it at the County Clerk’s office located at 100 E 4th St, Pecos, Texas 79772.
When creating a Texas abstract of judgment, it is vital to include specific elements to meet the necessary criteria. These elements include the names of the plaintiff and defendant, the defendant’s birthdate (if available to the clerk of justice), the last three numbers of the defendant’s driver’s license and social security number (if accessible), the suit number in which the judgment was rendered, the defendant’s address or citation information and the date and place of service if the address is not indicated in the suit, the date of judgment, the amount awarded and the remaining balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. Remember that the absence of the mailing address may result in the imposition of a penalty filing fee. Additionally, it is necessary for the abstract of judgment to be verified by the creditor’s attorney, and unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
Proper recordation of the abstract of judgment necessitates its documentation in Reeves County, where the debtor possesses real property. The abstract is submitted to the Reeves County clerk, who meticulously records it in the county’s real property records, ensuring accurate notation of the recordation date and time. Furthermore, the clerk is required to include the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant mentioned in the judgment and the corresponding page number 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. The foreign judgment holder must satisfy the lien requirements to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
Reeves County is the jurisdiction where the judgment lien is attached to all nonexempt real property owned by the defendant and recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
In order to maintain the effectiveness of the judgment lien, it must be recorded and indexed in the abstract for a period of 10 years. However, if the judgment becomes dormant, the lien ceases to be valid. Hence, it is necessary to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment. A judgment enters a dormant state 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.
State or state agency judgments remain effective and do not become dormant. Upon the proper filing of an abstract of judgment, a lien is established for 20 years from the date of filing, and the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment, ensuring its enforceability for a total of 40 years.
3. Political Subdivisions.
Dormancy statutes can lead to the dormancy of judgments of political subdivisions, but the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that the political subdivision is not bound by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, surpassing 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 broadly applies 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 entitled to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or other rules of law. In most cases, the following types of property will not be 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.
The execution process exempts property falling under the following categories from seizure, whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under specific statutory categories, with an aggregate 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 procedure allows a judgment creditor to examine the relationship between a third party and the judgment debtor, in order to establish if there are any outstanding debts or property owed to the debtor. Should any such debts be discovered, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to redirect payments to the garnishor rather than the judgment debtor.
Requirements to Issue
Garnishment can be pursued after obtaining a judgment, but it requires meeting specific prerequisites. Firstly, the creditor must have 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 confirm, to the best of their knowledge, that the judgment debtor does not possess enough 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 represents a separate legal proceeding distinct from the main case it intends to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this supplementary legal action. File the application for post-judgment garnishment in the same court that rendered the judgment, under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In order to initiate the garnishment action, the garnishee must be served with the writ of garnishment, and the judgment defendant 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 must include its contents in 12-point type and be presented in a manner designed to inform a reasonably attentive person. Failure to provide proper notice to the judgment debtor regarding the garnishment renders any judgment, other than one dissolving the writ, void and without effect.
Banks as Garnishees for Writs of Garnishment
For the delivery of writs of garnishment served on garnishee banks, they should 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 file an application for registration with the Secretary of State, following 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 may 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
If a bank account or other debt owed by the judgment debtor that is eligible for garnishment and is deemed cost-effective is discovered, the subsequent step involves filing an Application for Garnishment with a supporting affidavit. The affidavit, signed by the attorney representing the judgment creditor, should encompass the essential information required for the application, such as the details of the original lawsuit and judgment, any credits applied to the judgment, the appropriate garnishee name, designated officers for service, service address, and, if provided, account names and numbers.
Need professional assistance in collecting your judgment in Texas? Busby and Associates are here to support you. With their contingency-based services, you won’t have to worry about upfront payments. Judgments from other states with a judgment debtor in Texas are meticulously reviewed on a case-by-case basis, sometimes necessitating a retainer. Furthermore, in Reeves County, they possess the necessary skills to help you garnish a bank account or financial institution, ensuring the successful recovery of the judgment.