Texas Writs of Garnishment to Collect Judgment Liens from Swisher County, Texas
At Busby & Associates, we understand the challenges that come with judgment matters in Swisher County, Texas. Our skilled team of attorneys is dedicated to defending, collecting, and enforcing judgments, with 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. Moreover, we possess the expertise to handle the domestication of foreign child support liens specific to Swisher County, Texas. If you’re a judgment creditor struggling to receive payment, reach out to us today. We’ll work tirelessly to protect your rights and help you collect your judgment effectively.
Texas Judgment liens in Swisher County
In Swisher County, a judgment lien, when properly established, functions as a lien on all nonexempt real property owned by the judgment debtor. The creation of 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 upon 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. 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 diminish 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
In the state of Texas, the preparation of the abstract of judgment is authorized for 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, it should be noted that the judgment creditor is not permitted to prepare their own abstract in small claims and justice courts. Moreover, abstracts of federal court judgments require the certificate provided by the clerk of the court. To abstract your judgment lien in Swisher County, Texas, you can visit the County Clerk’s office at 119 S Maxwell Ave #103, Tulia, Texas 79088.
In order to meet the requirements of a Texas abstract of judgment, specific information must be included. 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 remaining 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 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 permitted.
Recordation of Judgment Liens Abstract
Swisher County serves as the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is delivered to the Swisher County clerk, who meticulously records it in the county’s real property records, taking care to note the recordation date and time. Simultaneously, the clerk is obligated 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 officially recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that foreign judgments are enforceable in Texas with the same level of enforceability as judgments filed in the originating court. The foreign judgment holder must meet the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Swisher County is encumbered by the judgment lien that applies to all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien persists for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is essential to (1) actively preserve the judgment 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 of dormancy.
2. State or State Agency Judgments.
The enforceability of state or state agency judgments remains intact and does not diminish. By properly filing an abstract of judgment, a lien is established that lasts for 20 years from the date of filing, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Political subdivisions’ judgments can go dormant under dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that political subdivisions are not barred by the statute of limitations. Consequently, judgments of political subdivisions can be revived 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 broadly applies 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 protected by constitutional provisions, statutes, or any other rule of law, the execution has the authority to seize the judgment debtor’s property. Generally, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections of items such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any exempt 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 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.
The post-judgment garnishment allows a judgment creditor to inquire into the relationship between a third party and the judgment debtor, with the objective of ascertaining 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, directing the third party (garnishee) to pay funds to the garnishor in place of the judgment debtor.
Requirements to Issue
The option of garnishment arises exclusively after a judgment is obtained, subject to the fulfillment of certain conditions. 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 swear, based on their knowledge, that the judgment debtor does not have in their possession in Texas enough property subject to execution to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
A post-judgment garnishment action should be treated as an individual legal action separate from the main case it intends to enforce. The third-party garnishee should be pursued as the defendant in this ancillary lawsuit. Ensure that the application for post-judgment garnishment is filed in the same court that rendered the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment is to be served on the garnishee to commence the garnishment proceedings. Although the judgment defendant is not considered a necessary party to the garnishment action, they must receive a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically feasible 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
To ensure the delivery of garnishment writs served on 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 required under either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions must comply with the state’s laws applicable to foreign corporations conducting business in the state, including designating 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.
The officer performing the execution of a writ of garnishment is mandated to make a return that adheres to the citation rules specified in Tex. R. Civ. P. 663. It is of utmost importance for the judgment creditor to review the return thoroughly before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have declared returns as fatally defective if they fail to indicate the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
If you locate a bank account or other debt owed by the judgment debtor that qualifies for garnishment and is determined to be cost-effective, complete the process by filing an Application for Garnishment along with a supporting affidavit signed by the attorney representing the judgment creditor. Ensure that the affidavit includes the required information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, officers designated for service, service address, and, if applicable, account names and numbers.
Trust Busby and Associates to assist you in collecting your Texas judgment. With their contingency-based services, you won’t have to bear any upfront expenses. Judgments from other states with a judgment debtor in Texas are evaluated on a case-by-case basis, occasionally requiring a retainer. Additionally, in Swisher County, they have the expertise to help you garnish a bank account or financial institution, facilitating the successful recovery of the owed amount.