Texas Writs of Garnishment to Collect Judgment Liens from Rockwall County, Texas
Seeking professional guidance for judgment-related matters in Rockwall County, Texas? Look no further than Busby & Associates. Our skilled team of attorneys is experienced in defending, collecting, and enforcing judgments, placing a 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 Rockwall County, Texas. If you’re a judgment creditor struggling to secure payment, contact us today. We’ll offer tailored advice and support to help you successfully collect your judgment.
Texas Judgment liens in Rockwall County
Rockwall County recognizes the significance of a properly established judgment lien, which acts as a lien on all nonexempt real property owned by the judgment debtor. The establishment of a judgment lien involves the proper 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 is 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 and conclusive, not interlocutory. 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 fact of appeal will not nullify 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 grants the authority to prepare the abstract of judgment to various parties, 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. However, it is important to 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 certification provided by the clerk of the court. To abstract your judgment lien in Rockwall County, Texas, you can visit the County Clerk’s office at 1111 E Yellow Jacket Ln #100, Rockwall, Texas 75087.
To ensure compliance with Texas regulations, a meticulously prepared abstract of judgment must contain specific information. This includes the names of the plaintiff and defendant, the defendant’s birthdate (if available 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, if absent, 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 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 inclusion of the mailing address is crucial to avoid the imposition of a penalty filing fee. Moreover, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations may not be used.
Recordation of Judgment Liens Abstract
The abstract of judgment must be recorded in Rockwall County, where the debtor possesses real property. The Rockwall County clerk receives the abstract and diligently records it in the county’s real property records, ensuring precise notation of the recordation date and time. Additionally, the clerk is obliged to enter the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant in the judgment and the corresponding 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 enforceability as judgments filed in the originating court, ensuring their recognition and enforceability 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
The defendant’s nonexempt real property recorded in Rockwall County is subject to the judgment lien, which encompasses all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
A judgment lien maintains its validity for 10 years from the recording and indexing of the abstract, unless it becomes dormant. To preserve the lien, one must (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 after its rendition. However, it can be revived through scire facias or by initiating an action of debt brought not later than the second anniversary of the judgment’s dormancy.
2. State or State Agency Judgments.
The enforceability of state or state agency judgments remains intact and does not diminish. By properly filing an abstract of judgment, a lien is established that lasts for 20 years from the date of filing, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Under dormancy statutes, judgments of political subdivisions may become dormant, but the revival statute (Civ. Prac. & Rem. Code § 31.006) preserves the right of the political subdivision to revive the judgment without being barred by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, even beyond 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 related to 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 specifically exempted by constitutional provisions, statutes, or other applicable legal provisions, the execution has the power 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.
The execution process exempts property falling into the following categories from seizure, regardless of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under diverse categories specified by statute, up to a combined fair market value of $100,000.00 for families or $50,000.00 for single adults without family affiliation c) Current wages for 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 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) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure offers a means for a judgment creditor to investigate the relationship between a third party and the judgment debtor, aiming to identify any outstanding funds or property owed to the debtor. If any such debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to transfer payments to the garnishor in lieu of the judgment debtor.
Requirements to Issue
The availability of garnishment arises once a judgment is obtained, subject to meeting specific requirements. These requirements include: a) The creditor holding 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 affirming, based on their knowledge, that the judgment debtor does not possess in their possession sufficient property subject to execution in Texas to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is an independent legal suit apart from the main case it seeks to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this supplementary litigation. 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.
Commencing the garnishment action involves serving the garnishee with the writ of garnishment, while the judgment defendant, although not a necessary party, 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 mandated 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 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, null and void.
Banks as Garnishees for Writs of Garnishment
The address designated as the registered agent of the financial institution, as stated in its registration statement filed with the Secretary of State under Section 201.102 or 201.103 of the Finance Code, serves as the delivery location for writs of garnishment served on garnishee banks. Out-of-state financial institutions 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 when applying for registration with the Secretary of State. 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.
The officer tasked with executing a writ of garnishment is required to file a return that adheres to the citation requirements, as outlined in Tex. R. Civ. P. 663. It is prudent for the judgment creditor to thoroughly inspect the return before obtaining a garnishment judgment, especially in the case of default judgment. Returns in garnishment proceedings must conform to the rules governing citations in general. Courts have deemed returns as fatally defective if they fail to indicate the manner of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Upon locating a bank account or other debt owed by the judgment debtor that is suitable for garnishment and is determined to be cost-effective, file an Application for Garnishment along with a supporting affidavit signed by the attorney representing the judgment creditor. Make sure that the affidavit includes the necessary information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, designated officers for service, service address, and, if available, account names and numbers.
Struggling to collect your judgment in Texas? Turn to Busby and Associates for assistance. With their contingency-based services, you won’t have to pay anything upfront. Judgments from other states involving a Texas-based judgment debtor are thoroughly evaluated on a case-by-case basis, potentially requiring a retainer. Additionally, in Rockwall County, they possess the expertise to help you garnish a bank account or financial institution, maximizing your chances of recovering the judgment.