Texas Writs of Garnishment to Collect Judgment Liens from Upshur County, Texas
At Busby & Associates, we are committed to providing comprehensive judgment-related services in Upshur 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 assist both obligors and obligees under child support liens with collections prosecution and defense. Additionally, we offer services for the domestication of foreign child support liens specific to Upshur County. If you are a judgment creditor struggling to receive payment or need assistance with a civil matter, especially if the debtor resides in Upshur County, give us a call. We will discuss the process with you, guide you through it, and help you collect your judgment successfully.
Texas Judgment liens in Upshur County
An accurately fixed judgment lien in Upshur County acts as a lien on all nonexempt real property owned by the judgment debtor. The establishment of a judgment lien requires the proper recording and indexing of 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 serving 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 in the event of affirmance. 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. Furthermore, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Upshur County, Texas, you can visit the County Clerk’s office at 100 W Tyler St 2nd Floor, Gilmer, Texas 75644.
Contents
Complying with Texas regulations mandates the inclusion of specific information in an abstract of judgment. This information encompasses the names of the plaintiff and defendant, the birthdate of the defendant (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 mentioned 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. It is imperative to include the mailing address, as failure to do so may result in the imposition of a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not admissible.
Recordation of Judgment Liens Abstract
When the debtor has real property in Upshur County, it is necessary to record the abstract of judgment within that jurisdiction. The abstract is presented to the Upshur County clerk, who meticulously records it in the county’s real property records, carefully noting 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.
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 court of origin. The fulfillment of the lien requirements is a prerequisite for the foreign judgment holder to successfully domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Upshur County, as recorded in the county, is subject to the judgment lien that encompasses all properties.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains valid for a period of 10 years starting from the recording and indexing of the abstract, unless it becomes dormant. Thus, it is essential to (1) keep the judgment alive 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.
State or state agency judgments retain their enforceability and do not go into dormancy. By filing an abstract of judgment correctly, a lien is established for 20 years from the date of filing, and the lien can be renewed for an additional 20 years by filing a renewed abstract of judgment, ensuring its enforceability for a total of 40 years.
3. Political Subdivisions.
Judgments of political subdivisions may go dormant under the dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not restricted by the statute of limitations. As a result, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
The exception to the dormancy statute for child support judgments is outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies broadly to all child support judgments, irrespective of their date of rendering or issuance.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property can be subject to execution levy unless it is exempted by constitutional provisions, statutes, or any 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 their 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 into the following categories is exempt from execution, whether owned by a family or a single adult: a) The homestead b) Personal property falling under diverse specified categories, with a total 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, capped at 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) Consigned artwork that meets specific criteria.
WRITS OF GARNISHMENT.
When seeking to ascertain whether a third party owes any funds or property to the judgment debtor, a judgment creditor can invoke the post-judgment garnishment process. If any debts are uncovered, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor instead of the judgment debtor.
Requirements to Issue
Garnishment becomes a viable option after the acquisition of a judgment, subject to meeting specific conditions. 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 swearing, based on their knowledge, that the judgment debtor does not possess in their possession in Texas enough property subject to execution to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is an independent legal suit apart from the main case it seeks to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this supplementary legal action. File the application for post-judgment garnishment in the same court that delivered the judgment, using a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
In order to initiate the garnishment action, the garnishee must be served with the writ of garnishment, and although the judgment defendant is not 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 possible after the garnishee has been served. Additionally, it is required 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, other than one dissolving the writ, invalid and unenforceable.
Banks as Garnishees for Writs of Garnishment
To ensure proper delivery, garnishment writs served on garnishee banks must be delivered to the address specified as the registered agent of the financial institution in its registration statement filed with the Secretary of State, in accordance with 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.
Officer’s Return.
The officer performing the execution of a writ of garnishment is mandated to make a return that adheres to the citation rules specified in Tex. R. Civ. P. 663. It is of utmost importance for the judgment creditor to review the return thoroughly before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have declared 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
In the case where a bank account or other debt owed by the judgment debtor subject to garnishment is located and the funds involved are sufficient to make it cost-effective, proceed by filing an Application For Garnishment with a supporting affidavit. The supporting affidavit, signed by the attorney representing the judgment creditor, should include the essential information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers for service, service address, and, if provided, account names and numbers.
Seeking assistance in collecting your judgment in Texas? Look no further than Busby and Associates. Their contingency-based services ensure you won’t have to worry about upfront fees. Judgments from other states involving a judgment debtor in Texas are reviewed on a case-by-case basis, often with a retainer involved. Furthermore, if the judgment debtor and/or the judgment is in Upshur County, they have the capability to help you garnish a bank account or financial institution, facilitating the collection process.
