Texas Writs of Garnishment to Collect Judgment Liens from Tyler County, Texas
Seeking professional judgment-related services in Tyler County, Texas? Look no further than Busby & Associates. Our experienced team of attorneys is skilled in defending, collecting, and enforcing judgments, with a primary emphasis on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also assist both obligors and obligees involved in child support lien cases, offering collections prosecution and defense. Furthermore, we possess the expertise to domesticate foreign child support liens specific to Tyler County. If you’re a judgment creditor struggling to receive payment or needing assistance with a civil matter, especially if the debtor resides in Tyler County, contact us. We’ll guide you through the process, provide you with valuable advice, and help you collect your judgment successfully.
Texas Judgment liens in Tyler County
An appropriately recorded judgment lien in Tyler County functions as a lien on all nonexempt real property owned by the judgment debtor. The creation of a judgment lien involves the accurate recording and indexing of an abstract of judgment. It is necessary to file the abstract of judgment in each county where the judgment lien is sought. The lien remains in effect for ten years from the date of recordation and indexing, unless the judgment becomes dormant. The judgment that forms the basis of the lien must be final and not interlocutory. However, even if the judgment is being appealed or a supersedeas bond has been filed, it is still permissible to file an abstract of judgment based on the final judgment. Additionally, if the judgment creditor has taken the necessary steps to secure a lien before the judgment is appealed, the fact of appeal will not negate the effectiveness of those steps in the event of an affirmance. These rules specifically pertain to judgments issued by Texas state trial courts and do not encompass 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 responsibility of preparing the abstract of judgment in Texas falls on 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 courts except small claims and justice courts. However, it’s important to note that in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Also, keep in mind that abstracts of federal court judgments require the certificate issued by the clerk of the court. If you wish to abstract your judgment lien in Tyler County, Texas, you can do so at the County Clerk’s office situated at 116 S Charlton St, Woodville, Texas 75979.
Meeting the requirements of a Texas abstract of judgment entails the inclusion of specific details to ensure legal compliance. These details include 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 indicated 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 balance due, 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 including 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 may not be used.
Recordation of Judgment Liens Abstract
Tyler County serves as the official jurisdiction for the recordation of the abstract of judgment when the debtor has real property within its boundaries. The abstract is presented to the Tyler County clerk, who meticulously records it in the county’s real property records, carefully documenting the date and time of recordation. Simultaneously, the clerk is required to include 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 recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act grant foreign judgments the same enforceability as judgments filed in the originating court, guaranteeing their recognition and enforceability in Texas. Fulfilling the lien requirements is a prerequisite for the foreign judgment holder to successfully domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien applies to all nonexempt real property owned by the defendant and located in Tyler County, where it is recorded.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in place for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is necessary to (1) actively maintain the judgment and (2) obtain and record a new abstract of judgment to preserve 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.
The enforceability of state or state agency judgments remains intact and does not diminish. When an abstract of judgment is properly filed, it creates a lien that lasts for 20 years from the filing date, and the lien can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Under the dormancy statutes, judgments of political subdivisions may enter a dormant state; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) makes it clear that the political subdivision is not barred by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.
4. Child Support Judgments.
- 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments related 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 is authorized to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or other rule of law. Generally, 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 of items such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not have any protected 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, up to a combined 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, 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 sufficient to meet the execution requirements 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.
By engaging in the post-judgment garnishment process, a judgment creditor acquires the opportunity to investigate whether a third party owes any funds or property to the judgment debtor. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to pay funds to the garnishor rather than the judgment debtor.
Requirements to Issue
Following the successful rendition of a judgment, garnishment can be pursued, provided that the following conditions are met: a) The creditor must hold a valid and subsisting judgment against the debtor, with the judgment considered final and subsisting from the date of rendition. b) The debtor must not have filed an approved supersedeas bond to suspend execution on the judgment. c) The creditor must assert, based on 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
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 issued the judgment for collection, but under a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment action is initiated by serving the garnishee with the writ of garnishment, while the judgment defendant, although not a necessary party, must be promptly served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders after the garnishee has been served. Moreover, it is crucial 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 advise 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, void and without effect.
Banks as Garnishees for Writs of Garnishment
Delivery of garnishment writs served on garnishee banks requires sending them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as stated in either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions seeking registration with the Secretary of State 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.
The execution of a writ of garnishment necessitates the officer to make a return in accordance with the citation regulations, as stated in Tex. R. Civ. P. 663. Prior to obtaining a garnishment judgment, particularly in the case of a default judgment, it is crucial for the judgment creditor to inspect the return thoroughly. Returns in garnishment proceedings are subject to the same rules that govern other citations. Courts have considered 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
When locating a bank account or other debt owed by the judgment debtor subject to garnishment, and after determining that sufficient funds are involved to make it cost-effective, the next step is to file an Application For Garnishment with a supporting affidavit. The affidavit, to be signed by the judgment creditor’s attorney, should include essential information such as details of the original lawsuit and judgment, credits applied to the judgment, the garnishee’s proper name, officers’ names for service, address for service, and, if available, account names and numbers.
Don’t let the complexity of collecting a judgment from Texas deter you. Busby and Associates are here to help. With their contingency-based services, you can proceed without any upfront expenses. Judgments from other states with a judgment debtor located in Texas are evaluated on a case-by-case basis, typically requiring a retainer. Furthermore, if the judgment debtor and/or the judgment is in Tyler County, they can assist you in garnishing a bank account or financial institution, improving your chances of successful judgment collection.