Texas Writs of Garnishment to Collect Judgment Liens from Titus County, Texas
At Busby & Associates, we understand the importance of effective judgment enforcement in Titus County, Texas. 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 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 Titus County. If you’re a judgment creditor struggling to receive payment or facing difficulties in collecting your judgment, especially if the debtor resides in Titus County, contact us. We’ll explain the process, guide you through it, and ensure that you successfully collect your judgment.
Texas Judgment liens in Titus County
When appropriately fixed, a judgment lien operates as a lien on all nonexempt real property belonging to the judgment debtor in Titus County. The establishment of a judgment lien involves accurately recording and indexing an abstract of judgment. Each county where the judgment lien is sought must receive a filed abstract of judgment. The lien’s duration extends for ten years from the date of recordation and indexing, provided that the judgment does not become dormant. It is crucial for the judgment underlying the lien to be final and not interlocutory. However, even if the judgment is subject to appeal or a supersedeas bond has been filed, it is still possible to file an abstract of judgment based on the final judgment. Furthermore, if the judgment creditor has taken the necessary measures to obtain a lien before the judgment is appealed, the appeal itself will not invalidate the effect of those measures in the event of affirmance. These rules specifically apply to judgments issued by Texas state trial courts and do not cover the enforcement of judgments from other states and foreign jurisdictions. To enforce such judgments, the judgment must first be domesticated in Texas to establish a lien, followed by the filing of an abstract of judgment.
Texas Abstract of Judgment
The state of Texas grants the authority to prepare the abstract of judgment to various parties, such as the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, it is important to be aware that 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 Titus County, Texas, you can visit the County Clerk’s office at 100 W 1st St, Mt Pleasant, Texas 75455.
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 to 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 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 should be noted that the inclusion of the mailing address is essential to avoid the imposition of a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations may not be utilized.
Recordation of Judgment Liens Abstract
Titus County is the designated location for the recording of the abstract of judgment when the debtor possesses real property in that jurisdiction. The abstract is submitted to the Titus County clerk, who diligently records it in the county’s real property records, ensuring precise documentation of the date and time of recordation. Furthermore, 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 involved in the judgment and the corresponding page number where the abstract is recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act stipulate that judgments filed pursuant to these Acts are recognized as enforceable in Texas, mirroring the enforceability of judgments in the court where they were originally filed. The domestication of the judgment in Texas requires adherence to the lien requirements by the foreign judgment holder.
Property To Which Lien Attaches Non-Exempt Real Property
Titus County is where the judgment lien takes effect on all nonexempt real property owned by the defendant and registered in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien retains its validity for a period of 10 years starting from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is necessary 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.
The enforceability of state or state agency judgments remains in place and does not diminish. A valid abstract of judgment creates a lien that remains active for 20 years from the filing date, and the lien can be extended for another 20 years by filing a renewed abstract of judgment, ensuring its enforceability.
3. Political Subdivisions.
Dormancy statutes may cause judgments of political subdivisions to go inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that the political subdivision is not limited by the statute of limitations. Thus, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
All child support judgments are exempted from the dormancy statute under § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which universally applies to all child support judgments irrespective of their age.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property is liable to be seized through execution, unless it is exempted by constitutional provisions, statutes, or other rule of law. Typically, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and associated motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no 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, 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 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 sepulcher purposes g) Property that the judgment debtor sold, mortgaged, or conveyed in trust, if the purchaser, mortgagee, or trustee identifies other property adequate 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 procedure grants a judgment creditor the ability to inquire about the relationship between a third party and the judgment debtor, with the purpose of ascertaining whether there are any funds or property owed to the debtor. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to transfer payments to the garnishor instead of the judgment debtor.
Requirements to Issue
The option of garnishment arises only after the creditor has obtained a valid and subsisting judgment against the debtor. For this purpose, the judgment is considered final and subsisting from the date of rendition. Additionally, the debtor must not have filed an approved supersedeas bond to suspend execution on the judgment, and the creditor must swear, to the best of their knowledge, that the judgment debtor does not have enough property in Texas that can be executed upon to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
Remember that a post-judgment garnishment action constitutes a distinct legal action separate from the main case it intends to enforce. The third-party garnishee should be named as the defendant, acknowledging their involvement in this ancillary litigation. File the application for post-judgment garnishment in the same court that rendered the judgment, utilizing 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 initiate the garnishment proceedings. Although the judgment defendant is not considered a necessary party, they must be served with 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 mandatory that the copy of the writ served to the defendant includes 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, except for one dissolving the writ, invalid and unenforceable.
Banks as Garnishees for Writs of Garnishment
For the delivery of garnishment writs served on garnishee banks, they should 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 by either 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 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.
Tex. R. Civ. P. 663 mandates that the officer executing a writ of garnishment must file a return that complies with the citation regulations. The judgment creditor should conduct a thorough examination of the return before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings must conform to the rules governing citations in general. Courts have held returns to be fatally defective if they fail to indicate 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 deemed cost-effective due to sufficient funds being involved, proceed by filing an Application For Garnishment accompanied by a supporting affidavit. The affidavit, signed by the attorney representing the judgment creditor, should contain pertinent information required for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the accurate name of the garnishee, designated officers for service, service address, and, if available, account names and numbers.
Busby and Associates have the expertise to assist you in collecting your judgment in Texas. With their contingency-based services, you can proceed without worrying about upfront fees. Judgments from other states involving a Texas-based judgment debtor are evaluated on a case-by-case basis, sometimes requiring a retainer. Furthermore, in Titus County, they can help you garnish a bank account or financial institution, ensuring the successful recovery of the judgment.