Texas Writs of Garnishment to Collect Judgment Liens from Robertson County, Texas
Busby & Associates is committed to delivering exceptional legal services for judgment-related matters in Robertson County, Texas. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As accomplished 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 possess the expertise to handle the domestication of foreign child support liens specific to Robertson County, Texas. If you’re a judgment creditor struggling to receive payment, reach out to us for personalized assistance. We’ll guide you through the process and help you collect your judgment effectively.
Texas Judgment liens in Robertson County
In Robertson County, a properly fixed judgment lien exerts its authority over all nonexempt real property owned by the judgment debtor. The creation of a judgment lien entails the accurate recording and indexing of an abstract of judgment. To establish the judgment lien, it is imperative to file the abstract of judgment in each county where the lien is sought to be fixed. The duration of the lien spans ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is crucial 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. Furthermore, 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 impact 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
In Texas, individuals empowered to prepare the abstract of judgment encompass 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. Nevertheless, it is important to note that in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Additionally, abstracts of federal court judgments necessitate the certificate provided by the clerk of the court. Should you require abstracting your judgment lien in Robertson County, Texas, you can do so at the County Clerk’s office located at 102 W Decherd St, Franklin, Texas 77856.
Complying with Texas regulations, an abstract of judgment must present specific information accurately. This includes the plaintiff and defendant names, the defendant’s birthdate (if accessible 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 citation details along with the date and place of service if the address is not provided in the suit, the date of judgment, the amount awarded and the remaining balance, any child support arrearage, the interest rate mentioned in the judgment, and the mailing address for each plaintiff or judgment creditor. It is important to note that the exclusion of the mailing address may result in the imposition of a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not permitted.
Recordation of Judgment Liens Abstract
Robertson County becomes the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is delivered to the Robertson County clerk, who proceeds to record it meticulously in the county’s real property records, making careful note of the recordation date and time. Moreover, the clerk is required to include 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 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 ensure that 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 fulfill the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
Robertson County, being the county of recordation, is where the judgment lien encumbers all nonexempt real property owned by the defendant.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for a period of 10 years from the date of recording and indexing the abstract, except if it becomes dormant. Thus, it is crucial to (1) ensure the judgment remains active and (2) obtain and record a new abstract of judgment. Dormancy occurs if a writ of execution is not issued within 10 years after the judgment’s rendition. However, the judgment can be revived through scire facias or by initiating an action of debt no later than the second anniversary of the judgment’s dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become inactive and retain their enforceability throughout the entire lifespan of the lien. An abstract of judgment, when filed correctly, creates a lien that remains effective for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Dormancy statutes may cause judgments of political subdivisions to go inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that the political subdivision is not restricted by the statute of limitations. Thus, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is liable to be seized through execution, unless it is exempted by constitutional provisions, statutes, or 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 such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any protected property.
2. Property Exempt from Execution.
The execution process exempts property falling within the categories mentioned below from seizure, irrespective of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling under various specified categories as outlined by statute, with a cumulative 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 the purpose of sepulcher g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee identifies other property sufficient to meet the execution requirements h) Assets held by the trustee of a spendthrift trust for the benefit of the judgment debtor i) Certain insurance benefits j) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Consigned artwork that satisfies specific criteria.
WRITS OF GARNISHMENT.
When seeking to ascertain whether a third party owes any funds or property to the judgment debtor, a judgment creditor can invoke the post-judgment garnishment process. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.
Requirements to Issue
After obtaining a judgment, garnishment can be pursued provided that certain conditions are satisfied. These conditions are as follows: a) 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. b) The debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor must verify, to the best of their knowledge, that the judgment debtor does not possess sufficient property in Texas subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action constitutes a distinct legal action separate from the main case it intends to enforce. The third-party garnishee should be named as the defendant, acknowledging their involvement in this ancillary lawsuit. File the application for post-judgment garnishment in the same court that issued the judgment, but under a unique cause number.
Service of the writ of garnishment/notice to judgment debtor.
Serving the garnishee with the writ of garnishment is the initial step in the garnishment process. While the judgment defendant is not a necessary party in the garnishment, they 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. Furthermore, it is required that the copy of the writ served to the defendant includes 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, void.
Banks as Garnishees for Writs of Garnishment
To facilitate the delivery of writs of garnishment served on garnishee banks, they 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 in accordance with 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 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.
Tex. R. Civ. P. 663 mandates that the officer responsible for executing a writ of garnishment must provide a return that complies with the citation regulations. It is recommended for the judgment creditor to thoroughly review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings must adhere to the same rules as other citations. Courts have held returns as fatally defective if they do not indicate the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
If you discover a bank account or other debt owed by the judgment debtor that qualifies for garnishment and is deemed cost-effective, complete the process by filing an Application for Garnishment along with a supporting affidavit, signed by the attorney representing the judgment creditor. Ensure that the affidavit provides the required information, such as details of the original lawsuit and judgment, any credits applied to the judgment, the accurate garnishee name, designated officers for service, service address, and, if available, account names and numbers.
Allow Busby and Associates to handle the collection of your judgment in Texas. With their contingency-based services, upfront costs are eliminated. Judgments from other states with a Texas-based judgment debtor are carefully reviewed case by case, sometimes involving a retainer. Furthermore, in Robertson County, they have the necessary skills to help you garnish a bank account or financial institution, ensuring the successful recovery of the owed amount.