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

Are you seeking professional assistance for judgment-related matters in Stonewall County, Texas? Busby & Associates is here to help. 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. Furthermore, we possess the expertise to handle the domestication of foreign child support liens specific to Stonewall County, Texas. If you’re a judgment creditor struggling to secure payment, contact us today. We’ll guide you through the process and provide you with effective solutions to collect your judgment.

Texas Judgment liens in Stonewall County

In Stonewall County, a properly established judgment lien acts as a lien on all nonexempt real property owned by the judgment debtor. The process of creating a judgment lien involves accurately recording and indexing an abstract of judgment. The abstract of judgment must be filed in each county where the judgment lien is sought. The lien remains valid for a period of ten years from the date of recordation and indexing, unless the judgment becomes dormant. The judgment serving as the basis for the lien 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. 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 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

The abstract of judgment in Texas 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. 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. To abstract your judgment lien in Stonewall County, Texas, you can visit the County Clerk’s office situated at 128 Town Square Ln, Aspermont, Texas 79502.

Contents

In order to satisfy the requirements of a Texas abstract of judgment, specific information must be presented. This information includes the names of the plaintiff and defendant, the defendant’s birthdate (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 not specified 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 is important to note that the inclusion of the mailing address is essential 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 may not be utilized.

Recordation of Judgment Liens Abstract

Stonewall County becomes the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is delivered to the Stonewall County clerk, who proceeds to record it meticulously in the county’s real property records, making careful note of the recordation date and time. Moreover, the clerk is required 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 and the corresponding page number where the abstract is officially 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 carry 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.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property recorded in Stonewall County is subject to the judgment lien, encompassing all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien continues to be enforceable for a duration of 10 years from the recording and indexing of the abstract, unless it becomes dormant. Hence, it is crucial 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 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.

Judgments made by the state or a state agency do not become inactive and maintain their enforceability. Properly filing an abstract of judgment establishes a lien that remains effective 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.

Dormancy statutes can result in the dormancy of judgments concerning political subdivisions; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) clarifies that the political subdivision is not restricted by the statute of limitations. Consequently, political subdivisions have the authority to revive judgments at any time, extending beyond 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 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.

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, 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 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 process serves as a legal avenue for a judgment creditor to explore the relationship between a third party and the judgment debtor, with the objective of determining if there are any funds or property owed to the debtor. If any such debts are discovered, 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 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 involvement in this supplementary lawsuit. File the application for post-judgment garnishment in the same court that delivered the judgment, under a different cause number.

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

Initiating the garnishment action requires serving the garnishee with the writ of garnishment, while the judgment defendant, though 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. Furthermore, it is stipulated that the copy of the writ served to the defendant contains 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, invalid and unenforceable.

Banks as Garnishees for Writs of Garnishment

To ensure proper delivery, garnishment writs 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 stipulated 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.

Officer’s Return.

As per Tex. R. Civ. P. 663, the officer executing a writ of garnishment must provide a return that satisfies the citation requirements. 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 invalidated returns when they do not specify the method and place of service on a corporate garnishee, considering them fatally defective.

Forms for the form and Practical Procedure

Upon discovering a bank account or other debt owed by the judgment debtor that qualifies for garnishment and is deemed cost-effective, the subsequent step involves submitting an Application for Garnishment supported by a signed affidavit from the attorney representing the judgment creditor. Ensure that the affidavit encompasses 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 applicable, account names and numbers.

Trust Busby and Associates to assist you in collecting your judgment in Texas. With their contingency-based services, there’s no need for upfront fees. Judgments from other states involving a Texas-based judgment debtor are analyzed individually, often necessitating a retainer. Moreover, in Stonewall County, they have the expertise to help you garnish a bank account or financial institution, ensuring the successful recovery of the owed amount.