Texas Writs of Garnishment to Collect Judgment Liens from Schleicher County, Texas

Busby & Associates is dedicated to serving clients in Schleicher County, Texas with their judgment-related matters. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a primary 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. Moreover, we possess the expertise to handle the domestication of foreign child support liens specific to Schleicher County, Texas. If you’re a judgment creditor struggling to secure payment, contact us today. We’ll work diligently to protect your rights and help you collect your judgment effectively.

Texas Judgment liens in Schleicher County

In Schleicher County, an appropriately fixed judgment lien functions as a lien on all nonexempt real property owned by the judgment debtor. The creation of a judgment lien requires the accurate 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 sought to be established. The duration of the lien extends for ten years from the date of recordation and indexing, as long as the judgment does not become dormant. The judgment on which the lien is based must be final and not interlocutory. However, 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. 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 effect of those 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

The state of Texas allows either the judge, justice of the peace, clerk of the court, or the judgment creditor or his agent, attorney, or assignee 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 allowed to prepare their own abstract. It is important to note that abstracts of federal court judgments require the certificate of the clerk of the court. In Schleicher County, Texas, you would abstract your judgment lien at the County Clerk’s office located at 2 S Divide St, Eldorado, Texas 76936.

Contents

When preparing a Texas abstract of judgment, it is crucial to present specific information to meet legal requirements. This information includes 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 outstanding balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. It should be noted that the absence of the mailing address may lead to 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 admissible.

Recordation of Judgment Liens Abstract

When the debtor possesses real property in Schleicher County, the abstract of judgment must be documented in that jurisdiction. The abstract is presented to the Schleicher County clerk, who meticulously records it in the county’s real property records, carefully noting the recordation date and time. Additionally, the clerk is mandated to include the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant in the judgment, along with the corresponding page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act establish that judgments filed under these Acts carry enforceability in Texas equivalent to judgments filed in the court where they were originally entered. To domesticate the judgment in Texas, the foreign judgment holder must comply with the lien requirements.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property in Schleicher County, as recorded in the county, falls under the purview of the judgment lien, encompassing all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien continues to be in effect for a period of 10 years following the recording and indexing of the abstract, unless it becomes dormant. Thus, it is necessary to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment to ensure the lien remains valid. If the judgment enters a dormant state, it can be revived through scire facias or by initiating an action of debt not later than the second anniversary of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains intact and does not diminish. When an abstract of judgment is properly filed, it creates a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may lead to the dormancy of judgments related to political subdivisions; nevertheless, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly states that the political subdivision is not precluded by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any given time, extending beyond the two-year dormancy period.

4.      Child Support Judgments.

Child support judgments are specifically exempted from the dormancy statute by § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, applicable to all such judgments regardless of when they were rendered.

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 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 have no exemption for their property.

2.      Property Exempt from Execution.

Property falling within the following categories is exempt from execution, regardless of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under diverse specified categories, with an aggregate 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 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) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Artwork consigned under specific circumstances.

WRITS OF GARNISHMENT.

The post-judgment garnishment procedure serves as a means for a judgment creditor to investigate the relationship between a third party and the judgment debtor, with the aim of identifying any funds or property owed to the debtor. Upon discovering any such debts, 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

The availability of garnishment arises once a judgment is obtained, subject to meeting specific prerequisites. 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 declare, based on their knowledge, that the judgment debtor does not possess enough property in Texas subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It’s important to note that a post-judgment garnishment action is an independent legal proceeding separate from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, emphasizing their role in this additional lawsuit. File the application for post-judgment garnishment in the same court that rendered the judgment, using a different cause number.

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

Serving the garnishee with the writ of garnishment is the first step in the garnishment process, while the judgment defendant, though not essential to the garnishment action, 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. It is further 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 and without effect.

Banks as Garnishees for Writs of Garnishment

The designated address for the registered agent of the financial institution, as stated in its registration statement filed with the Secretary of State pursuant to either Section 201.102 or 201.103 of the Finance Code, is the delivery location for writs of garnishment served on garnishee banks. Out-of-state financial institutions seeking registration with the Secretary of State are required to comply with the state’s laws pertaining to foreign corporations conducting business in the state, including the designation of an agent for process under Section 201.102. In contrast, Texas financial institutions have the option to file a statement with the Secretary of State appointing an agent for process under Section 201.103.

Officer’s Return.

The officer entrusted with executing a writ of garnishment is required to provide a return that meets the citation requirements, as per Tex. R. Civ. P. 663. It is advisable for the judgment creditor to carefully inspect the return before obtaining a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must comply with the rules governing citations in general. Courts have held returns to be fatally defective if they do not specify the method 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 meets the requirements for garnishment and is considered cost-effective, the subsequent step involves submitting an Application for Garnishment accompanied by a supporting affidavit. The supporting affidavit, bearing the signature of the judgment creditor’s attorney, should encompass the essential information required for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers designated for service, service address, and, if applicable, account names and numbers.

Trust in Busby and Associates to help you collect your judgment in Texas. With their contingency-based services, there’s no need for upfront payments. Judgments from other states with a Texas-based judgment debtor are analyzed individually, often with a retainer involved. Furthermore, in Schleicher County, they have the expertise to assist you in garnishing a bank account or financial institution, ensuring the successful recovery of the owed amount.