Texas Writs of Garnishment to Collect Judgment Liens from San Saba County, Texas
At Busby & Associates, we understand the complexities of judgment collection in San Saba County, Texas. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a particular focus 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. Additionally, we possess the expertise to handle the domestication of foreign child support liens specific to San Saba County, Texas. If you’re a judgment creditor struggling to receive payment, contact us today. We’ll work closely with you to navigate the legal process and help you collect your judgment successfully.
Texas Judgment liens in San Saba County
When duly fixed, a judgment lien operates as a lien on all nonexempt real property owned by the judgment debtor in San Saba County. To establish a judgment lien, it is crucial to properly record and index an abstract of judgment. The filing of the abstract of judgment is required in each county where the judgment lien is intended to be established. The validity of the lien extends for 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, even if the judgment is currently under appeal or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Additionally, if the judgment creditor has taken the necessary measures to obtain a lien before the judgment is appealed, the fact of appeal will not diminish the impact of those measures 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, 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
In the state of Texas, the abstract of judgment can be prepared by either 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, for judgments rendered in all but small claims and justice courts. However, 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 require the certificate of the clerk of the court. If you have a judgment lien in San Saba County, Texas, you can abstract it at the County Clerk’s office located at 500 E Wallace St, San Saba, Texas 76877.
When preparing a Texas abstract of judgment, it is vital to present specific information in order to meet legal requirements. This information consists of the names of the plaintiff and defendant, the defendant’s birthdate (if known by 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 mentioned in the suit, the nature of citation and the date and place of citation service, 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. It is important to note that the inclusion of the mailing address is crucial to avoid 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
In cases where the debtor holds real property, it is necessary to record the abstract of judgment in San Saba County. The San Saba 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 obliged 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. Fulfillment of the lien requirements is required for the foreign judgment holder to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien encompasses all nonexempt real property owned by the defendant and located in San Saba County, where it is officially registered.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien continues to hold for a period of 10 years following the recording and indexing of the abstract, unless it becomes dormant. Therefore, it is necessary 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 becomes dormant, it can be revived through scire facias or by initiating an action of debt within two years from the date of dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become dormant and retain their legal significance. An abstract of judgment, when properly filed, establishes a lien that endures 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 judgments of political subdivisions may 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, political subdivisions have the authority to revive judgments at any time, not just within the two-year dormancy period.
4. Child Support Judgments.
All child support judgments are excluded 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 specifically exempted by constitutional provisions, statutes, or other applicable law, 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 does not apply to property falling within the following categories, whether owned by a family or a single adult: a) The homestead b) Personal property falling under various specified categories as determined by statute, up to 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 sepulcher purposes g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, provided 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) Designated 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 procedure provides a mechanism for a judgment creditor to explore the association between a third party and the judgment debtor, with the intention of identifying any funds or property owed to the debtor. Should any such debts be discovered, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor rather than the judgment debtor.
Requirements to Issue
Garnishment is an available recourse subsequent to the entry of a judgment, but its pursuit is contingent upon meeting certain criteria. Firstly, the creditor must possess a valid and subsisting judgment against the debtor, with the judgment being deemed 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 assert, based on their knowledge, that the judgment debtor does not possess in their possession in Texas enough property subject to execution to 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 litigation. File the application for post-judgment garnishment in the same court that issued the judgment, but under a distinct cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action is initiated by 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 promptly after the garnishee has been served. Additionally, it is stipulated 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, other than one dissolving the writ, null and void.
Banks as Garnishees for Writs of Garnishment
To ensure proper delivery, writs of garnishment served on garnishee banks 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 mandated by Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with the state’s laws governing foreign corporations conducting business in the state, including the designation of 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.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must submit a return that complies with the citation regulations. It is prudent for the judgment creditor to carefully examine 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 held returns to be fatally defective if they do not reveal 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, proceed by filing an Application for Garnishment supported by a signed affidavit from the attorney representing the judgment creditor. Ensure that the affidavit contains all the required information for the application, including 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, relevant account names and numbers.
Struggling to collect your judgment in Texas? Seek the expertise of Busby and Associates. With their contingency-based services, you can proceed without any upfront payments. Judgments from other states with a Texas-based judgment debtor are carefully reviewed, often necessitating a retainer. Furthermore, in San Saba County, they can assist you in garnishing a bank account or financial institution, facilitating the recovery of the owed amount.