Texas Writs of Garnishment to Collect Judgment Liens from Roberts County, Texas
When it comes to judgment matters in Roberts County, Texas, Busby & Associates is the firm you can rely on. Our skilled team of attorneys is skilled in defending, collecting, and enforcing judgments, with a strong emphasis on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive assistance to both obligors and obligees involved in child support lien cases. Moreover, we have the expertise to handle the domestication of foreign child support liens specific to Roberts County, Texas. If you’re a judgment creditor facing challenges in receiving payment, contact us today. We’ll provide you with the guidance and support you need to successfully collect your judgment.
Texas Judgment liens in Roberts County
The power of a properly fixed judgment lien is recognized in Roberts County, where it serves as a lien on 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 necessary. To fix the judgment lien, it is required to file the abstract of judgment in each county where the lien is intended to be established. The duration of the lien is ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is essential to highlight 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. Additionally, if a judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the appeal itself will not nullify 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 then an abstract of judgment may be filed.
Texas Abstract of Judgment
The preparation of the abstract of judgment in Texas is authorized for the judge, justice of the peace, clerk of the court, or the designated representative of the judgment creditor, including their agent, attorney, or assignee, except in small claims and justice courts where the judgment creditor is not permitted to prepare their own abstract. Furthermore, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Roberts County, Texas, you can visit the County Clerk’s office situated at 300 E Commercial St # 2, Miami, Texas 79059.
In compliance with Texas regulations, an abstract of judgment must accurately display specific details. These details include 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, if not provided, the nature of citation and the date and place of service of citation, 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. Remember that the abstract must be verified by the creditor’s attorney, and unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
In cases where the debtor possesses real property, it is necessary to record the abstract of judgment in Roberts County. The Roberts County clerk receives the abstract and diligently records it in the county’s real property records, ensuring accurate documentation of the recordation date and time. Simultaneously, the clerk is obligated to enter 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 recorded.
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 originating court, allowing for their enforcement in Texas. The foreign judgment holder must meet the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien is valid on all nonexempt real property owned by the defendant and located in Roberts County, as recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To uphold the judgment lien’s validity, it endures for 10 years following the recording and indexing of the abstract, unless it becomes dormant. Therefore, it is essential to (1) keep the judgment active 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 unaffected and does not go dormant. By properly filing an abstract of judgment, a lien is established 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 judgments of political subdivisions can go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that the political subdivision is not limited by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, not just within the two-year dormancy period.
4. Child Support Judgments.
All judgments for child support are exempted from the dormancy statute under § 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 exempted by constitutional provisions, statutes, or other relevant rules of 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 of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not enjoy any protection for their property.
2. Property Exempt from Execution.
Property in the following categories is exempt from execution, regardless of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within specified statutory categories, 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, 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.
The post-judgment garnishment process serves as a tool for a judgment creditor to examine the relationship between a third party and the judgment debtor, with the objective of determining if there are any funds or property owed to the debtor. In the event of uncovering such debts, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.
Requirements to Issue
Garnishment is available after a judgment is obtained, but it is subject to meeting specific conditions. These conditions include: a) The creditor possessing a valid and subsisting judgment against the debtor, with the judgment being deemed final and subsisting from the date of rendition. b) The debtor not having filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor swearing that, to their knowledge, the judgment debtor does not possess enough property in Texas that is subject to execution and can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s important to note that a post-judgment garnishment action is an independent legal proceeding separate from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, emphasizing their role in this supplementary 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.
Upon serving the garnishee with the writ of garnishment, the garnishment action is initiated, and the judgment defendant, while not a necessary party, 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. Additionally, it is stipulated that the copy of the writ served to the defendant must contain its contents in 12-point type and be presented in a manner intended to advise 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 unenforceable.
Banks as Garnishees for Writs of Garnishment
The delivery of writs of garnishment served on garnishee banks requires them to be delivered 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 seeking registration with the Secretary of State must comply with the state’s laws for foreign corporations conducting business in the state, which includes designating an agent for process under Section 201.102. Conversely, Texas financial institutions have the option to file a statement with the Secretary of State appointing an agent for process under Section 201.103.
As per Tex. R. Civ. P. 663, the officer executing a writ of garnishment must submit a return that satisfies the citation requirements. It is advisable for the judgment creditor to carefully inspect 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 invalidated returns when they do not specify the method and place of service on a corporate garnishee, considering them fatally defective.
Forms for the form and Practical Procedure
If a bank account or other debt owed by the judgment debtor that fulfills the criteria for garnishment is found and it is determined to be cost-effective, proceed by filing an Application for Garnishment along with a supporting affidavit. The affidavit should be signed by the judgment creditor’s attorney and contain pertinent information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers designated for service, service address, and, if provided, account names and numbers.
Seeking professional help in collecting your judgment in Texas? Busby and Associates have the solution. With their contingency-based services, there’s no need for upfront payments. Judgments from other states with a judgment debtor in Texas are carefully assessed on a case-by-case basis, occasionally requiring a retainer. Furthermore, in Roberts County, they possess the necessary expertise to help you garnish a bank account or financial institution, facilitating the recovery of the owed amount.