Texas Writs of Garnishment to Collect Judgment Liens from Throckmorton County, Texas
Seeking reliable judgment-related services in Throckmorton County, Texas? Busby & Associates is here to assist you. Our team of skilled attorneys are experienced in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also extend our expertise to both obligors and obligees involved in child support lien cases, offering collections prosecution and defense. Furthermore, we possess the knowledge and capabilities to domesticate foreign child support liens specific to Throckmorton County. If you’re a judgment creditor struggling to receive payment or needing guidance on a civil matter, especially if the debtor resides in Throckmorton County, contact us. We’ll provide you with the necessary support, explain the process, and help you collect your judgment effectively.
Texas Judgment liens in Throckmorton County
When accurately fixed, a judgment lien serves as a lien on all nonexempt real property owned by the judgment debtor in Throckmorton County. The establishment of a judgment lien requires 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 that serves 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
Texas law allows for the preparation of the abstract of judgment by either the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee, for judgments rendered in all but small claims and justice courts. However, in small claims and justice courts, the judgment creditor is not permitted 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 Throckmorton County, Texas, you can abstract it at the County Clerk’s office situated at 121 N Minter Ave, Throckmorton, Texas 76483.
Contents
When compiling a Texas abstract of judgment, it is necessary to provide specific information that adheres to legal guidelines. This information comprises the names of the plaintiff and defendant, the defendant’s birthdate (if accessible 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 available), 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 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 essential to include the mailing address 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
The abstract of judgment must be recorded in Throckmorton County, where the debtor’s real property is located. Upon receipt of the abstract, the Throckmorton County clerk promptly records it in the county’s real property records, accurately noting the date and time of recordation. Additionally, the clerk is required to include the abstract in the alphabetical index to the real property records, providing a comprehensive record of the plaintiffs’ and defendants’ names in the judgment, as well as the page number where the abstract is recorded.
Abstracts of Domesticated Judgment Liens.
Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. Adhering to the lien requirements is crucial for the foreign judgment holder to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and recorded in Throckmorton County is encumbered by the judgment lien, which takes effect in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien continues to be effective for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, 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 from the date of dormancy.
2. State or State Agency Judgments.
The enforceability of state or state agency judgments remains valid and does not cease. By correctly filing an abstract of judgment, a lien is created that endures for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
While judgments of political subdivisions may go dormant as per the dormancy statutes, the same section clarifies that the political subdivision is not prohibited by the statute of limitations outlined in Civ. Prac. & Rem. Code § 31.006, commonly known as the revival statute. Hence, judgments of political subdivisions have the potential to be revived at any point in time, not solely within the two-year dormancy period.
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, encompassing 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 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 following property categories are exempt from execution, whether owned by a family or a single adult: a) The homestead b) Personal property falling under specified statutory categories, with a cumulative 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, if the purchaser, mortgagee, or trustee identifies other property sufficient to satisfy the execution 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 provides a means for a judgment creditor to examine the relationship between a third party and the judgment debtor, with the aim of identifying 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 transfer payments to the garnishor in lieu of the judgment debtor.
Requirements to Issue
Garnishment can be pursued subsequent to the issuance of a judgment, provided that certain conditions are in place. These conditions include: a) The creditor having a valid and subsisting judgment against the debtor, with the judgment being considered 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 stating, based on their knowledge, that the judgment debtor does not possess sufficient property in Texas that is subject to execution and can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is a separate legal proceeding from the main case it intends to enforce. The third-party garnishee should be named as the defendant, indicating 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 involves serving the garnishee with the writ of garnishment, and 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 the garnishee has been served. It is further required 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 adequate notice to the judgment debtor concerning the garnishment renders any judgment, other than one dissolving the writ, void and unenforceable.
Banks as Garnishees for Writs of Garnishment
To deliver garnishment writs to garnishee banks, they must be directed to the address specified as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as outlined 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. 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.
The officer entrusted with executing a writ of garnishment is required to provide a return that meets the citation requirements specified in Tex. R. Civ. P. 663. 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 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
Upon locating a bank account or other debt owed by the judgment debtor subject to garnishment and determining that the involved funds make it cost-effective, it is necessary to file an Application For Garnishment supported by a signed affidavit. The affidavit, signed by the judgment creditor’s attorney, should provide the required information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers for service, service address, and, if applicable, account names and numbers.
Collecting your judgment in Texas can be a challenging task, but with Busby and Associates by your side, you can overcome it. Their contingency-based services eliminate the need for upfront payments. Judgments from other states with a judgment debtor in Texas undergo individual assessment, occasionally involving a retainer. Additionally, in Throckmorton County, they possess the necessary skills to help you garnish a bank account or financial institution, maximizing your chances of recovering the owed amount.
