Texas Writs of Garnishment to Collect Judgment Liens from Upton County, Texas
At Busby & Associates, we understand the importance of efficient judgment-related services in Upton County, Texas. Our skilled attorneys specialize in defending, collecting, and enforcing judgments, with a particular focus on garnishing bank accounts and financial institutions. As knowledgeable consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive assistance 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 Upton County. If you’re a judgment creditor struggling to receive payment or encountering challenges in collecting your judgment, especially if the debtor resides in Upton County, contact us without delay. We’ll provide you with the necessary support, explain the process, and guide you toward successfully collecting your judgment.
Texas Judgment liens in Upton County
A judgment debtor’s nonexempt real property in Upton County can be subject to a lien through the proper fixing of a judgment lien. An abstract of judgment, accurately recorded and indexed, is necessary for the creation of a judgment lien. To establish the judgment lien, it is necessary to file the abstract of judgment in each county where the 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 underlying the lien must be final and not interlocutory. Even if the judgment is being appealed or a supersedeas bond has been filed, it is still possible to file an abstract of judgment 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 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, followed by the filing of an abstract of judgment.
Texas Abstract of Judgment
In Texas, the abstract of judgment can be prepared by either the judge, justice of the peace, clerk of the court, or the judgment creditor or their authorized representative, such as an agent, attorney, or assignee, for all types of courts except small claims and justice courts. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. It’s important to obtain the certificate of the clerk of the court for abstracts of federal court judgments. If you need to abstract your judgment lien in Upton County, Texas, you can do so at the County Clerk’s office situated at 205 10th Ave, Rankin, Texas 79778.
In Texas, a valid abstract of judgment must adhere to specific criteria. These criteria include the inclusion of certain information such as the names of the plaintiff and defendant, the birthdate of the defendant (if known by the clerk of justice), the last three digits of the defendant’s driver’s license (if available), 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 outstanding 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 provide the mailing address to avoid the imposition of a penalty filing fee. Furthermore, it is required that the abstract of judgment be verified by the creditor’s attorney, and unsworn declarations are not accepted.
Recordation of Judgment Liens Abstract
Proper recordation of the abstract of judgment necessitates its documentation in Upton County, where the debtor possesses real property. The abstract is submitted to the Upton County clerk, who diligently records it 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.
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. The foreign judgment holder must satisfy the lien requirements to effectively domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property recorded in Upton County is subject to the judgment lien, encompassing all properties.
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 essential to (1) actively maintain the judgment and (2) obtain and record a new abstract of judgment to preserve 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.
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.
While judgments of political subdivisions can go dormant under the dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) states that political subdivisions are not barred by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.
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 execution holds the power to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, the following types of property are not exempted: a. Cash held in hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investment assets; e. f. Airplanes. Corporations do not possess any property that is exempt from execution.
2. Property Exempt from Execution.
Property falling within the following categories is exempted from execution, irrespective of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under various specified categories, up to the 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 for 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) Designated savings plans, including retirement benefits and health savings plans k) College Savings Plans l) Certain consigned artwork.
WRITS OF GARNISHMENT.
When seeking to establish if a third party owes any funds or property to the judgment debtor, a judgment creditor can invoke the post-judgment garnishment process. Upon discovering any debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.
Requirements to Issue
Garnishment can be pursued subsequent to the issuance of a judgment, provided certain conditions are in place. 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 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
Keep in mind that a post-judgment garnishment action constitutes a separate legal action apart from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this ancillary litigation. File the application for post-judgment garnishment in the same court that issued the judgment, utilizing a distinct cause number.
Service of the writ of garnishment/notice to judgment debtor.
The writ of garnishment should be served on the garnishee to initiate the garnishment process. While 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 serving the garnishee. 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 proper notice to the judgment debtor regarding the garnishment renders any judgment, except for one dissolving the writ, null and void.
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 the designation of 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.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must file a return that complies with the citation regulations. It is prudent for the judgment creditor to carefully examine the return before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have invalidated returns when they do not specify the method and place of service on a corporate garnishee.
Forms for the form and Practical Procedure
Upon discovering a bank account or other debt owed by the judgment debtor subject to garnishment and determining that sufficient funds are involved to make it cost-effective, file an Application For Garnishment along with a supporting affidavit, signed by the attorney representing the judgment creditor. Make sure that the affidavit provides all the necessary information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the accurate garnishee name, officers for service, service address, and, if available, account names and numbers.
Struggling to collect your judgment in Texas? Rely on Busby and Associates for assistance. With their contingency-based services, upfront costs are not a concern. Judgments from other states involving a Texas-based judgment debtor are evaluated on a case-by-case basis, usually requiring a retainer. Furthermore, in Upton County, they possess the necessary skills to help you garnish a bank account or financial institution, streamlining the judgment collection process.