Texas Writs of Garnishment to Collect Judgment Liens from Rusk County, Texas
At Busby & Associates, we understand the challenges that come with judgment matters in Rusk County, Texas. Our skilled team of attorneys is dedicated to defending, collecting, and enforcing judgments, with 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. Moreover, we possess the expertise to handle the domestication of foreign child support liens specific to Rusk County, Texas. If you’re a judgment creditor struggling to receive payment, reach out to us today. We’ll work tirelessly to protect your rights and help you collect your judgment effectively.
Texas Judgment liens in Rusk County
An adequately fixed judgment lien functions as a lien on all nonexempt real property owned by the judgment debtor in Rusk County. The creation of a judgment lien requires the proper recording and indexing of an abstract of judgment. It is mandatory to file the abstract of judgment in each county where the judgment lien is intended to be established. The duration of the lien is ten years from the date of recordation and indexing, provided the judgment does not become dormant. The judgment underlying the lien must be final and not interlocutory. However, even if the judgment is being appealed or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Moreover, if the judgment creditor has taken the necessary measures to obtain a lien before the judgment is appealed, the fact of appeal will not negate the effect of those measures in the event of affirmance. These rules specifically pertain 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, the judgment must first be domesticated in Texas to create a lien, and subsequently, an abstract of judgment may be filed.
Texas Abstract of Judgment
Texas law provides the option for either 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, 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 certificate of the clerk of the court. If you need to abstract your judgment lien in Rusk County, Texas, you can visit the County Clerk’s office located at 115 N Main St #206, Henderson, Texas 75652.
Complying with Texas regulations mandates the inclusion of specific information in an abstract of judgment. This information encompasses 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 (if accessible), the last three digits of the defendant’s social security number (if obtainable), the suit number in which the judgment was rendered, the defendant’s address or, if not specified in the suit, the nature of citation and the date and place of citation service, the date on which the judgment was rendered, 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. It is imperative to include the mailing address, as failure to do so may result in the imposition of a penalty filing fee. Furthermore, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
Rusk County is the designated jurisdiction for the official recordation of the abstract of judgment when the debtor possesses real property therein. The abstract is submitted to the Rusk County clerk, who meticulously records it in the county’s real property records, ensuring accurate notation 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 named in the judgment, along with the 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 court where they originated, enabling their enforcement in Texas. Complying with the lien requirements is necessary for the foreign judgment holder when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien is enforceable on all nonexempt real property owned by the defendant and situated in Rusk County, as officially recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains valid and enforceable for a period of 10 years from the recording and indexing of the abstract, unless it becomes dormant. Therefore, it is crucial to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment to ensure the continuity of the lien. If the judgment enters a dormant state, 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.
Judgments rendered by the state or a state agency remain active and do not lapse. A properly filed abstract of judgment establishes a lien that remains in effect for a period of 20 years from the date of filing, and the lien can be extended for an additional 20-year term 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) asserts that the political subdivision is not bound by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any given time, even beyond the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes 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.
Unless protected by constitutional provisions, statutes, or any other rule of law, 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 falling into the following categories is exempt from execution, whether owned by a family or a single adult: a) The homestead b) Personal property falling under various specified categories, up to a combined 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 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
By employing the post-judgment garnishment process, a judgment creditor gains the ability to investigate the connection between a third party and the judgment debtor, seeking to determine if there are any funds or property owed to the debtor. In the presence of such debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to transfer payments to the garnishor rather than the judgment debtor.
Requirements to Issue
After securing 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 deemed 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 provide an affidavit stating that, based on their knowledge, 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
When initiating a post-judgment garnishment action, remember that it is a separate legal proceeding from the main case it seeks to enforce. The third-party garnishee should be treated as the defendant, acknowledging their involvement in this supplementary litigation. File the application for post-judgment garnishment in the same court that issued the judgment, but with a unique cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment process begins with the service of the writ of garnishment on the garnishee, and 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 promptly after the garnishee has been served. Additionally, it is required 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
For the delivery of garnishment writs 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, as stipulated under 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 governing foreign corporations conducting business in the state, including 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.
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
Once a bank account or other debt owed by the judgment debtor, which is eligible for garnishment, is discovered and confirmed to be cost-effective, it is necessary to file an Application for Garnishment with a supporting affidavit. The supporting affidavit, to be signed by the attorney representing the judgment creditor, should include the required information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, officers designated for service, service address, and, if available, relevant account names and numbers.
Having difficulties in collecting your judgment in Texas? Busby and Associates are here to assist you. With their contingency-based services, you can avoid upfront expenses. Judgments from other states involving a Texas-based judgment debtor undergo individual evaluation, sometimes requiring a retainer. Moreover, in Rusk County, they can help you garnish a bank account or financial institution, maximizing your chances of recovering the judgment.