Texas Writs of Garnishment to Collect Judgment Liens from Terrell County, Texas
In Terrell County, Texas, Busby & Associates is your trusted source for comprehensive judgment-related services. Our skilled attorneys are experienced in defending, collecting, and enforcing judgments, focusing primarily on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also provide support to both obligors and obligees involved in child support lien cases, offering collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Terrell County. If you’re a judgment creditor facing challenges in receiving payment or struggling with a debtor who has a bank account number, contact us. We’ll explain the process, guide you through it, and help you collect your judgment successfully, particularly if the debtor resides in Terrell County.
Texas Judgment liens in Terrell County
An appropriately fixed judgment lien in Terrell County serves 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, 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
In Texas, the abstract of judgment for all types of courts, except small claims and justice courts, can be prepared by 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 allowed to prepare their own abstract. Please note that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Terrell County, Texas, you can abstract it at the County Clerk’s office located at 105 E Hackberry St, Sanderson, Texas 79848.
An accurate Texas abstract of judgment must contain specific details to meet the necessary requirements. These details include 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 provided in the suit, the nature of citation and the date and place of citation service, the date on which the judgment was rendered, 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. Please note that including the mailing address is vital as failing to do so may result in a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not allowed.
Recordation of Judgment Liens Abstract
- In cases where the debtor possesses real property, it is imperative to document the abstract of judgment in Terrell County. The abstract is submitted to the Terrell County clerk, who records it meticulously in the county’s real property records, ensuring accurate notation of the date and time of recordation. Moreover, the clerk is required to include the abstract in the alphabetical index to the real property records, indicating the names of each plaintiff and defendant 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 establish that foreign judgments can be enforced in Texas to the same degree as judgments filed in the court of origin. Complying with the lien requirements is essential for the foreign judgment holder when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
- Terrell County is where the judgment lien attaches to all nonexempt real property owned by the defendant and recorded in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains 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 maintain the validity 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 from the date of dormancy.
2. State or State Agency Judgments.
State or state agency judgments remain effective and do not become dormant. Upon the proper filing of an abstract of judgment, a lien is established 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, securing its enforceability for a total of 40 years.
3. Political Subdivisions.
Dormancy statutes can result in the dormancy of judgments of political subdivisions, but the revival statute (Civ. Prac. & Rem. Code § 31.006) clarifies that the political subdivision is not bound by the statute of limitations. Hence, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code establishes an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by constitutional provisions, statutes, or other legal rules, the execution has the right 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 following categories of property are exempt from execution, whether they belong to a family or a single adult: a) The homestead b) Personal property falling within specified categories as defined 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 earned from personal service (excluding 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 sepulcher purposes g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee identifies other property of the debtor sufficient to satisfy the execution h) Assets in the possession of the trustee of a spendthrift trust for the benefit of the judgment debtor i) Certain insurance benefits j) Specified savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment process allows a judgment creditor to investigate the association between a third party and the judgment debtor, aiming to ascertain if there are any funds or property owed to the debtor. If any debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor in place of the judgment debtor.
Requirements to Issue
After securing a judgment, garnishment can be pursued if specific conditions are met. These conditions include: a) The creditor holding 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 providing an affirmation that, to their knowledge, the judgment debtor does not possess sufficient property in Texas subject to execution that can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
When initiating a post-judgment garnishment action, remember that it is a separate suit from the main cause it seeks to enforce. The third-party garnishee should be treated as the defendant, acknowledging their involvement in this supplementary legal action. File the application for post-judgment garnishment in the same court that rendered the judgment, but with a separate cause number.
Service of the writ of garnishment/notice to judgment debtor.
Serving the garnishee with the writ of garnishment initiates the garnishment action, and the judgment defendant, while not a necessary party, must be served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after the garnishee has been served. It is further stipulated that the copy of the writ served to the defendant must contain its contents in 12-point type and be 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
The address specified as the registered agent of the financial institution, as stated in its registration statement filed with the Secretary of State under either Section 201.102 or 201.103 of the Finance Code, is the designated delivery point for garnishment writs served on garnishee banks. 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. 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.
Tex. R. Civ. P. 663 specifies that the officer executing a writ of garnishment must provide a return that complies with the citation requirements. When seeking a garnishment judgment, it is advisable for the judgment creditor to carefully inspect the return, 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 method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
In the event that a bank account or other debt owed by the judgment debtor subject to garnishment is located, and it is determined that sufficient funds are involved so as to make it cost-effective, file an Application For Garnishment with a supporting affidavit. The affidavit, signed by the attorney representing the judgment creditor, should include the information needed for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, officers for service, service address, and, if available, account names and numbers.
Don’t let the complexities of collecting your Texas judgment overwhelm you. Busby and Associates offer their expertise to help. With their contingency-based services, you can proceed without any upfront costs. Judgments from other states wherein the judgment debtor is located in Texas are evaluated on a case-by-case basis, typically requiring a retainer. Additionally, in Terrell County, they can assist you in garnishing a bank account or financial institution, increasing the chances of successfully recovering the judgment.