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

At Busby & Associates, we understand the complexities of judgment enforcement in Walker County, Texas. Our skilled attorneys specialize 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, offering collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Walker County. If you’re a judgment creditor struggling to receive payment or facing difficulties with a debtor who has a bank account number, contact us. We’ll explain the process, guide you through it, and help you successfully collect your judgment.

Texas Judgment liens in Walker County

A judgment lien, when properly fixed, acts as a lien on all nonexempt real property owned by the judgment debtor in Walker County. The establishment of a judgment lien involves accurately recording and indexing an abstract of judgment. To fix the judgment lien, 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 on which the lien is based 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 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 establish 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 judgments rendered in all but 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 have a judgment lien in Walker County, Texas, you can abstract it at the County Clerk’s office situated at 1100 University Ave #201, Huntsville, Texas 77340.

Contents

When preparing a Texas abstract of judgment, it is imperative to include specific information in accordance with the regulations. This information includes 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 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 is important to note that the inclusion of 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 are not admissible.

Recordation of Judgment Liens Abstract

Walker County becomes the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is delivered to the Walker County clerk, who proceeds to record it meticulously in the county’s real property records, making careful note 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, providing a comprehensive listing of the names of each plaintiff and defendant in the judgment and the corresponding 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. Satisfying the lien requirements is crucial for the foreign judgment holder to successfully domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The judgment lien covers all nonexempt real property owned by the defendant and located in Walker County, where it is registered.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains in effect for a period of 10 years following the recording and indexing of the abstract, unless it becomes dormant. Hence, it is crucial to (1) actively keep the judgment alive and (2) obtain and record a new abstract of judgment to maintain the validity 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.

State or state agency judgments retain their enforceability and do not become dormant. When an abstract of judgment is filed correctly, it creates a lien that lasts for 20 years from the filing date, and the lien can be renewed for an additional 20-year period by filing a renewed abstract of judgment, ensuring its enforceability for up to 40 years.

3.      Political Subdivisions.

Under dormancy statutes, judgments of political subdivisions can become dormant; however, the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not subject to the statute of limitations. Therefore, political subdivisions can revive judgments at any time, even 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 broadly applies 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.

Unless specifically exempted by constitutional provisions, statutes, or other applicable law, the execution has the power to seize the judgment debtor’s property. Typically, the following types of property are not exempted: a. Cash on hand or in checking or savings accounts; b. Pleasure boats along with their motors and trailers; c. Collections comprising stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not enjoy any exemption for their property.

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.

The post-judgment garnishment process provides a procedural mechanism for a judgment creditor to investigate the relationship between a third party and the judgment debtor, aiming to identify any outstanding funds or property owed to the debtor. Should any such debts be uncovered, the creditor (garnishor) can obtain a garnishment judgment, instructing the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.

Requirements to Issue

The availability of garnishment arises once a judgment is obtained, subject to meeting certain prerequisites. These prerequisites include: a) The creditor possessing a valid and subsisting judgment against the debtor, with the judgment being considered 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 enough property in Texas that can be executed upon to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action represents a separate legal proceeding distinct from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, signifying their involvement in this ancillary lawsuit. File the application for post-judgment garnishment in the same court that rendered the judgment, under a distinct cause number.

Service of the writ of garnishment/notice to judgment debtor.

Serving the garnishee with the writ of garnishment initiates the garnishment process, and the judgment defendant, while not a necessary party, must be served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders as soon as practically feasible after serving the garnishee. It is further 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, except for one dissolving the writ, void and unenforceable.

Banks as Garnishees for Writs of Garnishment

To deliver garnishment writs to garnishee banks, they must be directed to the address specified as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as outlined by 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.

Tex. R. Civ. P. 663 specifies that the officer executing a writ of garnishment must provide a return that complies with the citation requirements. It is recommended for the judgment creditor to thoroughly review the return before obtaining a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are governed by the rules applicable to other citations. 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

Upon locating 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. The affidavit, signed by the attorney representing the judgment creditor, should provide all the required 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.

Seeking professional assistance in collecting your judgment in Texas? Look no further than Busby and Associates. With their contingency-based services, upfront costs are not a concern. Judgments from other states involving a judgment debtor in Texas are carefully reviewed, often requiring a retainer. Furthermore, in Walker County, they possess the expertise to help you garnish a bank account or financial institution, maximizing the chances of successful judgment collection.