Texas Writs of Garnishment to Collect Judgment Liens from Uvalde County, Texas

In Uvalde County, Texas, Busby & Associates is the go-to firm for all your judgment-related needs. Our skilled attorneys specialize in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also provide comprehensive support to both obligors and obligees involved in child support lien cases, offering collections prosecution and defense services. Moreover, we possess the expertise to domesticate foreign child support liens specific to Uvalde County. If you’re a judgment creditor struggling to receive payment or facing difficulties in collecting your judgment, particularly if the debtor resides in Uvalde County, contact us today. We’ll provide you with the necessary guidance and assistance to ensure the successful collection of your judgment.

Texas Judgment liens in Uvalde County

The presence of a properly fixed judgment lien can establish a lien on all nonexempt real property of the judgment debtor in Uvalde County. 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. Moreover, if the judgment creditor has taken the necessary steps to obtain a lien before the judgment is appealed, the fact of appeal will not negate 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, the judgment must first be domesticated in Texas to create a lien, followed by the filing of an abstract of judgment.

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, for all courts except small claims and justice courts. It’s important to note that 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. If you have a judgment lien in Uvalde County, Texas, you can abstract it at the County Clerk’s office located at 100 N Getty St, Uvalde, Texas 78801.

Contents

To meet the necessary requirements, a Texas abstract of judgment must include specific information. This information comprises the names of the plaintiff and defendant, the defendant’s birthdate (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 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. Please note that including the mailing address is crucial 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 are not admissible.

Recordation of Judgment Liens Abstract

When the debtor has real property in Uvalde County, the abstract of judgment must be recorded in that specific jurisdiction. The abstract is delivered to the Uvalde County clerk, who records it diligently in the county’s real property records, ensuring precise documentation of the date and time of recordation. Additionally, the clerk is obligated to enter the abstract in the alphabetical index to the real property records, providing comprehensive details such as the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is filed.

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 level of enforceability as judgments filed in the originating court, ensuring their recognition and enforceability in Texas. The foreign judgment holder must comply with the lien requirements to successfully domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

Uvalde County, as the county of recordation, is where the judgment lien is attached to all nonexempt real property owned by the defendant.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien endures for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Hence, it is necessary to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment to ensure the continuity of 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 go dormant, but the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that political subdivisions are not restricted by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.

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, covering 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.

Unless exempted by constitution, statutes, or other rules of law, the execution retains the power to levy the judgment debtor’s property. In most cases, the following types of property will not be exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including 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 execution of property is exempted for the following categories, whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within diverse specified categories, up to 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 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, provided that the purchaser, mortgagee, or trustee identifies other property sufficient to fulfill 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) Certain consigned artwork.

WRITS OF GARNISHMENT.

The post-judgment garnishment process offers a legal avenue for a judgment creditor to examine the relationship between a third party and the judgment debtor, with the aim of determining if there are any funds or property owed to the debtor. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to make payments to the garnishor instead of the judgment debtor.

Requirements to Issue

After obtaining a judgment, garnishment becomes available under specific circumstances. These circumstances are as follows: a) The creditor must have a valid and subsisting judgment against the debtor, with the judgment being 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 swears that, to their knowledge, the judgment debtor does not have enough property in Texas 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 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.

Commencing the garnishment action involves serving the garnishee with the writ of garnishment, and the judgment defendant, though not a necessary party, must receive a copy of the writ of garnishment, the application, accompanying affidavits, and court orders promptly after serving the garnishee. Additionally, it is 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, other than one dissolving the writ, void and unenforceable.

Banks as Garnishees for Writs of Garnishment

The delivery of garnishment writs served on garnishee banks requires them to 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 specified under 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

In the case where 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 along with a supporting affidavit. The affidavit, signed by the attorney representing the judgment creditor, should encompass the required information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, officers for service, service address, and, if available, account names and numbers.

Need assistance in collecting your judgment in Texas? Busby and Associates have the expertise you need. With their contingency-based services, upfront payments are not necessary. Judgments from other states wherein the judgment debtor is in Texas undergo thorough evaluation, often involving a retainer. Moreover, in Uvalde County, they can help you garnish a bank account or financial institution, ensuring effective judgment collection.