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

Are you dealing with judgment matters in Scurry County, Texas? Busby & Associates is here to help. Our team of skilled attorneys is 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 dedicated 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 Scurry County, Texas. If you’re a judgment creditor struggling to receive payment, don’t hesitate to contact us. We’ll provide you with the guidance and advocacy necessary to collect your judgment successfully.

Texas Judgment liens in Scurry County

When correctly fixed, a judgment lien serves as a lien on all nonexempt real property owned by the judgment debtor in Scurry County. The establishment of a judgment lien involves the proper recording and indexing of an abstract of judgment. It is essential to file the abstract of judgment in each county where the judgment lien is being sought. The duration of the lien is ten years from the date of recordation and indexing, unless the judgment becomes dormant. The judgment that forms the basis of 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. Additionally, if the judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not negate the effect of those steps if the judgment is ultimately affirmed. 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

In 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, including their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. It is also important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Scurry County, Texas, you can abstract it at the County Clerk’s office situated at 1806 25th St #300, Snyder, Texas 79549.

Contents

To ensure compliance with Texas regulations, an abstract of judgment must accurately display specific details. These details include the names of the plaintiff and defendant, the defendant’s birthdate (if accessible to the clerk of justice), the last three digits of the defendant’s driver’s license (if available), 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 citation details (such as the nature of citation and the date and place of citation service, if the address is not provided in the suit), 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. It is crucial to include the mailing address, as the absence of this information may result in 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 permitted.

Recordation of Judgment Liens Abstract

Proper recordation of the abstract of judgment necessitates its documentation in Scurry County, the jurisdiction where the debtor has real property. The abstract is submitted to the Scurry County clerk, who diligently records it in the county’s real property records, ensuring precise notation of the recordation date and time. Furthermore, the clerk is required to include the abstract in the alphabetical index to the real property records, showcasing the names of each plaintiff and defendant mentioned in the judgment and the corresponding page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the court where they originated. The foreign judgment holder must satisfy the lien requirements to successfully domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

Scurry County is the designated jurisdiction where the judgment lien attaches to all nonexempt real property owned by the defendant and registered in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains in effect for 10 years from the date of recording and indexing 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 maintain the validity 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 from the date of dormancy.

2.      State or State Agency Judgments.

The enforceability of state or state agency judgments remains unaffected and does not expire. By properly filing an abstract of judgment, a lien is established that remains valid for 20 years from the filing date, and the lien’s duration can be extended for another 20 years through the submission of a renewed abstract of judgment.

3.      Political Subdivisions.

Dormancy statutes may cause judgments of political subdivisions to go dormant, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not constrained by the statute of limitations. Consequently, political subdivisions have the ability to revive judgments at any given time, not just within the two-year dormancy period.

4.      Child Support Judgments.

The exception to the dormancy statute for child support judgments is outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies broadly to all child support judgments, irrespective of their date of rendering or issuance.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

Unless exempted by constitutional provisions, statutes, or other relevant rules of law, the execution retains the authority 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 of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not enjoy any protection for their property.

2.      Property Exempt from Execution.

The execution process exempts property falling within the following categories from seizure, irrespective of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling under diverse categories specified by statute, up to an aggregate 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 (except child support) and unpaid commissions for personal services, 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 the purpose of sepulcher g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee identifies other property adequate 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) Artwork consigned under specific circumstances.

WRITS OF GARNISHMENT.

The post-judgment garnishment process offers a recourse for a judgment creditor to explore the relationship between a third party and the judgment debtor, aiming to identify any funds or property owed to the debtor. If any such debts exist, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.

Requirements to Issue

Garnishment is available after a judgment is obtained, subject to meeting specific conditions. Firstly, the creditor must possess 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 affirm, based on their knowledge, that the judgment debtor does not possess enough property in Texas that is subject to execution and can 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 legal action. File the application for post-judgment garnishment in the same court that delivered the judgment, using a different cause number.

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

The garnishee must be served with the writ of garnishment to initiate the garnishment proceedings. While the judgment defendant is not a mandatory party to the garnishment action, they must receive a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. Additionally, it is imperative that the copy of the writ served to the defendant includes its contents in 12-point type and is presented in a manner designed to inform a reasonably attentive individual. Failure to provide proper notice to the judgment debtor regarding the garnishment renders any judgment, except for one dissolving the writ, null and void.

Banks as Garnishees for Writs of Garnishment

In order to deliver writs of garnishment to garnishee banks, they must be sent to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as prescribed by either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions are required to file an application for registration with the Secretary of State, adhering to the state’s laws applicable to foreign corporations conducting business within the state, which includes designating an agent for process under Section 201.102. Conversely, Texas financial institutions have the flexibility to appoint an agent for process by submitting a statement to the Secretary of State under Section 201.103.

Officer’s Return.

Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must provide a return that complies with the citation regulations. It is advisable for the judgment creditor to carefully inspect 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

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 provides the necessary information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers authorized for service, service address, and, if available, account names and numbers.

In need of professional help to collect your judgment in Texas? Look no further than Busby and Associates. With their contingency-based services, upfront costs are not a worry. Judgments from other states involving a Texas-based judgment debtor undergo meticulous evaluation, sometimes requiring a retainer. Moreover, in Scurry County, they possess the expertise to help you garnish a bank account or financial institution, maximizing the chances of recovering the judgment.