Texas Writs of Garnishment to Collect Judgment Liens from San Augustine County, Texas

Busby & Associates is your trusted ally for all your judgment-related needs in San Augustine County, Texas. Our dedicated team of attorneys is skilled in the defense, collection, and enforcement of judgments, with a particular focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide valuable assistance to both obligors and obligees involved in child support lien cases. Furthermore, we have the expertise to handle the domestication of foreign child support liens specific to San Augustine County, Texas. If you’re a judgment creditor struggling to receive payment, don’t hesitate to contact us. We’ll guide you through the process and ensure that you successfully collect your judgment.

Texas Judgment liens in San Augustine County

When properly fixed, a judgment lien acts as a lien on all nonexempt real property owned by the judgment debtor in San Augustine County. The creation of a judgment lien involves the accurate recording and indexing of an abstract of judgment. It is crucial to file the abstract of judgment in each county where the judgment lien is sought to be established. The duration of the lien is ten years from the date of recordation and indexing, unless the judgment becomes dormant. The underlying judgment must be final and not interlocutory to serve as the basis for the lien. However, if the judgment is under appeal or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Furthermore, if the judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not nullify the impact of those steps in case of affirmance. These rules specifically apply to judgments issued by Texas state trial courts and do not cover 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 judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, such as their agent, attorney, or assignee, with the authority to prepare the abstract of judgment for judgments rendered in all but small claims and justice courts. However, in small claims and justice courts, 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. If you wish to abstract your judgment lien in San Augustine County, Texas, you can do so at the County Clerk’s office located at 223 N Harrison St, San Augustine, Texas 75972.

Contents

Adhering to the requirements set forth by Texas law, an abstract of judgment must exhibit certain elements. These elements include the names of the plaintiff and defendant, the birthdate of the defendant (if available to the clerk of justice), the last three digits of the defendant’s driver’s license (if obtainable), the last three digits of the defendant’s social security number (if accessible), 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 citation service, the date on which the judgment was rendered, 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. It is crucial to include the mailing address, as the failure to do so 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 may not be used.

Recordation of Judgment Liens Abstract

The abstract of judgment should be duly recorded in San Augustine County, where the debtor holds real property. Upon receipt of the abstract, the San Augustine County clerk meticulously enters it into the county’s real property records, ensuring accurate documentation of the recordation date and time. Furthermore, the clerk is mandated to include the abstract in the alphabetical index to the real property records, providing a comprehensive listing of the names of each plaintiff and defendant in the judgment, along with 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 level of enforceability as judgments filed in the originating court, ensuring their recognition and enforceability in Texas. Compliance with the lien requirements is mandatory for the foreign judgment holder when seeking to domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property, officially recorded in San Augustine County, is subject to the judgment lien that encompasses all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To maintain the judgment lien, it remains in force for a duration of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Thus, it is essential to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment. Dormancy occurs if a writ of execution is not issued within 10 years of its rendition, 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.

Judgments issued by the state or a state agency do not lose their legal effect and remain enforceable. A duly filed abstract of judgment creates a lien that remains in effect 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.

3.      Political Subdivisions.

While dormancy statutes can cause judgments of political subdivisions to become inactive, the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that the political subdivision is not subject to the statute of limitations. Therefore, political subdivisions have the flexibility to revive judgments at any time, not just within the two-year dormancy period.

4.      Child Support Judgments.

Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code contains a specific provision that excludes judgments related to child support from the dormancy statute, encompassing all such judgments regardless of when they were rendered.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless specifically exempted by constitutional provisions, statutes, or any other applicable legal provisions, the execution retains the authority to seize the judgment debtor’s property. Generally, 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 does not apply to property in the following categories, whether owned by a family or a single adult: a) The homestead b) Personal property falling under specific 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, 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 points out other property sufficient 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) Consigned artwork under specific circumstances.

WRITS OF GARNISHMENT.

The post-judgment garnishment allows a judgment creditor to inquire about the relationship between a third party and the judgment debtor, with the objective of ascertaining whether there are any funds or property owed to the debtor. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to remit payments to the garnishor instead of the judgment debtor.

Requirements to Issue

Garnishment becomes available after the acquisition of a judgment, but it is subject to meeting specific prerequisites. Firstly, 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. Secondly, the debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. Lastly, the creditor must attest, based on their knowledge, that the judgment debtor does not possess sufficient property in Texas that is subject to execution and can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

A post-judgment garnishment action should be considered as a separate legal proceeding, distinct from the main case for which it seeks to enforce the judgment. The third-party garnishee should be named as the defendant in this ancillary lawsuit. Ensure that the application for post-judgment garnishment is filed in the same court that issued the judgment, but under a unique cause number.

Service of the writ of garnishment/notice to judgment debtor.

The writ of garnishment is to be served on the garnishee to initiate the garnishment proceedings. Although the judgment defendant is not a necessary party, it is necessary to serve them with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. Furthermore, 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 calculated to inform a reasonably attentive person. Failure to provide adequate notice to the judgment debtor concerning the garnishment renders any judgment, other than one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

Delivery of garnishment writs served on garnishee banks requires sending them to the address specified as the registered agent of the financial institution in its registration statement filed with the Secretary of State pursuant to either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions seeking registration with the Secretary of State are obligated to comply with the state’s laws regarding foreign corporations conducting business in the state, which includes designating an agent for process under Section 201.102. On the other hand, Texas financial institutions have the choice to file a statement with the Secretary of State appointing an agent for process under Section 201.103.

Officer’s Return.

The officer performing the execution of a writ of garnishment is mandated to make a return that adheres to the citation rules specified in Tex. R. Civ. P. 663. It is of utmost importance for the judgment creditor to review the return thoroughly before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have declared returns as fatally defective if they fail to indicate the method of service on a corporate garnishee or the place of service.

Forms for the form and Practical Procedure

In the event that a bank account or other debt owed by the judgment debtor, which is subject to garnishment, is discovered and deemed economically advantageous, proceed by filing an Application for Garnishment with a supporting affidavit. The supporting affidavit, signed by the judgment creditor’s attorney, should include all the necessary information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the accurate name of the garnishee, officers authorized for service, service address, and, if available, relevant account names and numbers.

Don’t let the complexities of collecting a judgment in Texas overwhelm you. Seek the support of Busby and Associates. With their contingency-based services, you can proceed without any upfront expenses. Judgments from other states involving a Texas-based judgment debtor are carefully considered, sometimes with a retainer involved. Furthermore, in San Augustine County, they have the capabilities to help you garnish a bank account or financial institution, maximizing your chances of recovering the judgment.