Texas Writs of Garnishment to Collect Judgment Liens from Taylor County, Texas
At Busby & Associates, we understand the complexities involved in judgment matters in Taylor County, Texas. 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 consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive support to both obligors and obligees involved in child support lien cases, including collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Taylor County. If you’re a judgment creditor struggling to receive payment or facing difficulties in collecting your judgment, especially if the debtor resides in Taylor County, contact us. We’ll work closely with you, explain the process, and help you successfully collect your judgment.
Texas Judgment liens in Taylor County
In Taylor 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 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. 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 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. Moreover, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Taylor County, Texas, you can visit the County Clerk’s office situated at 300 Oak St, Abilene, Texas 79602.
A Texas abstract of judgment must meet certain criteria to be considered valid. This criteria includes the inclusion of specific information such as the names of the plaintiff and defendant, the birthdate of the defendant (if known 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, if not stated 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 essential to provide the mailing address to avoid the imposition of a penalty filing fee. Furthermore, it is required that the abstract of judgment be verified by the creditor’s attorney, and unsworn declarations are not accepted.
Recordation of Judgment Liens Abstract
When the debtor holds real property in Taylor County, it is essential to record the abstract of judgment in that jurisdiction. The Taylor County clerk receives the abstract and diligently records it in the county’s real property records, ensuring accurate documentation of the date and time of recordation. Furthermore, the clerk is mandated to enter the abstract in the alphabetical index to the real property records, indicating the names of each plaintiff and defendant mentioned in the judgment and the 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 confer upon foreign judgments the same enforceability as judgments filed in the originating court, guaranteeing their recognition and enforceability in Texas. The foreign judgment holder must satisfy the lien requirements in order to properly domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Taylor County is subject to the judgment lien, encompassing all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To preserve the judgment lien, it continues for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Hence, it is crucial to (1) actively maintain the judgment 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 of dormancy.
2. State or State Agency Judgments.
Judgments of the state or a state agency do not expire and remain legally effective. The filing of an abstract of judgment in the appropriate manner establishes a lien for a period of 20 years from the date of filing, and the lien can be extended for an additional 20-year term by filing a renewed abstract of judgment.
3. Political Subdivisions.
Under the dormancy statutes, judgments of political subdivisions may go dormant, but the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that the political subdivision is not restricted by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, surpassing 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 pertaining to child support, encompassing all such judgments whether they were recently rendered or issued in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The execution holds the power to levy the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, the following types of property are not exempted: a. Cash held in hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investment assets; e. f. Airplanes. Corporations do not possess any property that is exempt from execution.
2. Property Exempt from Execution.
The execution of property is exempted in the following categories, regardless of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling within various 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, provided that 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) Specific savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure offers a mechanism for a judgment creditor to explore the relationship between a third party and the judgment debtor, with the aim of determining if there are any funds or property owed to the debtor. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.
Requirements to Issue
The availability of garnishment arises once a judgment is obtained, provided specific conditions are fulfilled. These conditions include: a) The creditor having a valid and subsisting judgment against the debtor, with the judgment being deemed final and subsisting from the date of rendition. b) The debtor not having filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor verifying, based on their knowledge, that the judgment debtor does not possess adequate 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 supplementary lawsuit. File the application for post-judgment garnishment in the same court that issued the judgment, under a unique cause number.
Service of the writ of garnishment/notice to judgment debtor.
To initiate the garnishment action, the garnishee must be served 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 promptly 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
When serving garnishment writs on garnishee banks, it is required to deliver them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as indicated under 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 appointment 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.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must submit a return that adheres to the citation regulations. The judgment creditor should exercise due diligence in inspecting the return before obtaining a garnishment judgment, especially in the case of 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 manner of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
Upon discovering a bank account or other debt owed by the judgment debtor subject to garnishment and determining that sufficient funds are involved to make it cost-effective, the next step is to file an Application For Garnishment along with a supporting affidavit, signed by the judgment creditor’s attorney. The supporting affidavit should contain the necessary 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 available, account names and numbers.
Trust in Busby and Associates to handle the collection of your judgment in Texas. With their contingency-based services, there’s no need to worry about upfront costs. Judgments from other states with a judgment debtor in Texas are carefully evaluated on a case-by-case basis, occasionally requiring a retainer. Furthermore, in Taylor County, they have the expertise to help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.