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

Seeking professional guidance for judgment-related matters in Somervell County, Texas? Look no further than Busby & Associates. Our skilled team of attorneys are experienced in defending, collecting, and enforcing judgments, placing 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. Furthermore, we possess specialized knowledge in the domestication of foreign child support liens specific to Somervell County, Texas. If you’re a judgment creditor struggling to secure payment, contact us today. We’ll offer tailored advice and support to help you successfully collect your judgment.

Texas Judgment liens in Somervell County

An accurately fixed judgment lien serves as a lien on all nonexempt real property of the judgment debtor in Somervell County. The establishment of a judgment lien requires the proper recording and indexing of an abstract of judgment, which must be filed in each county where the judgment lien is sought. The duration of the lien is ten years from the date of recordation and indexing, unless the judgment becomes dormant. The judgment on which the lien is based must be final and not interlocutory. However, even if the judgment is being appealed or a supersedeas bond has been filed, an abstract of judgment can still be filed based on the final judgment. Moreover, 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 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, 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

The preparation of the abstract of judgment in Texas is authorized for either the judge, justice of the peace, clerk of the court, or the designated representative of the judgment creditor, including their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Moreover, abstracts of federal court judgments require the certificate provided by the clerk of the court. If you need to abstract your judgment lien in Somervell County, Texas, you can visit the County Clerk’s office located at 107 Vernon St, Glen Rose, Texas 76043.

Contents

In preparing a Texas abstract of judgment, it is vital to provide specific information that adheres to legal guidelines. This information includes 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 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 indicated 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 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 to avoid the imposition of a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations may not be used.

Recordation of Judgment Liens Abstract

When the debtor has real property in Somervell County, the abstract of judgment must be recorded in that specific jurisdiction. The abstract is delivered to the Somervell County clerk, who records it diligently in the county’s real property records, ensuring precise documentation of the recordation date and time. Additionally, the clerk is obligated to enter the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is filed.

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 enforceability in Texas on par with judgments filed in the originating court, allowing for their enforcement. Compliance 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 applies to all nonexempt real property owned by the defendant and located in Somervell County, where it is recorded.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains valid and enforceable 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.

State or state agency judgments do not lose their legal force and retain their enforceability throughout the entire lifespan of the lien. An abstract of judgment, when properly filed, establishes a lien that remains valid for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

Judgments of political subdivisions can go dormant in accordance with dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that political subdivisions are 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.

• 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments concerning child support, covering all such judgments, whether recently rendered or issued in the past.

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 it is 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 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.

When seeking to establish if a third party owes any funds or property to the judgment debtor, a judgment creditor can invoke the post-judgment garnishment process. Upon discovering any 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

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

It’s crucial to recognize that a post-judgment garnishment action is an independent legal proceeding separate from the main case it seeks to enforce. The third-party garnishee should be named as the defendant, signifying their role in this supplementary lawsuit. File the application for post-judgment garnishment in the same court that rendered the judgment, but under a unique 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 as soon as practically feasible after serving the garnishee. Additionally, it is 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 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

Delivery of garnishment writs served on garnishee banks necessitates sending them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as per either 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. On the other hand, 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

If a bank account or other debt owed by the judgment debtor that is eligible for garnishment and is considered cost-effective is located, file an Application for Garnishment with a supporting affidavit signed by the judgment creditor’s attorney. Ensure 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 designated for service, service address, and, if available, account names and numbers.

Facing challenges in collecting your judgment in Texas? Seek assistance from Busby and Associates. With their contingency-based services, you won’t have to worry about upfront expenses. Judgments from other states involving a Texas-based judgment debtor undergo thorough evaluation, sometimes necessitating a retainer. Additionally, in Somervell County, they can help you garnish a bank account or financial institution, ensuring the successful recovery of the judgment.