Texas Writs of Garnishment to Collect Judgment Liens from Ward County, Texas
Seeking reliable judgment-related services in Ward County, Texas? Busby & Associates is here to assist you. Our team of skilled attorneys specializes in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also extend our expertise to assist both obligors and obligees involved in child support lien cases, providing collections prosecution and defense. Furthermore, we possess the knowledge and capabilities to domesticate foreign child support liens specific to Ward County. If you’re a judgment creditor struggling to receive payment or needing guidance on a civil matter, especially if the debtor resides in Ward County, contact us. We’ll provide you with the necessary support, explain the process, and help you collect your judgment effectively.
Texas Judgment liens in Ward County
A judgment lien, when properly fixed, acts as a lien on all nonexempt real property owned by the judgment debtor in Ward County. The establishment of a judgment lien involves accurately recording and indexing an abstract of judgment. To fix the judgment lien, the abstract of judgment must be filed 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. However, 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 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
In Texas, individuals authorized to prepare the abstract of judgment include 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, it is important to note that in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Additionally, abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Ward County, Texas, you can abstract it at the County Clerk’s office located at 400 S Allen Ave SUITE 101, Monahans Texas 79756.
Contents
To meet the requirements of a Texas abstract of judgment, it is necessary to provide specific details. These details include the names of the plaintiff and defendant, the defendant’s birthdate (if known 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 stated 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 Ward County, it is necessary to record the abstract of judgment within that jurisdiction. The abstract is presented to the Ward 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that foreign judgments are enforceable in Texas to the same extent as judgments filed in the originating court. The foreign judgment holder must meet the lien requirements when seeking to domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
The defendant’s nonexempt real property in Ward 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
To maintain the judgment lien’s continuity, it remains valid for 10 years from the recording and indexing of the abstract, unless it becomes dormant. Thus, it is necessary to (1) actively keep the judgment alive and (2) obtain and record a new abstract of judgment to ensure the continuity 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 of dormancy.
2. State or State Agency Judgments.
State or state agency judgments do not become inactive and retain their enforceability throughout the entire lifespan of the lien. An abstract of judgment, when filed correctly, creates a lien that remains effective for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
While dormancy statutes can render judgments of political subdivisions inactive, the revival statute (Civ. Prac. & Rem. Code § 31.006) guarantees that the political subdivision is not limited by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, not just within the two-year dormancy period.
4. Child Support Judgments.
The provision in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless protected by constitutional provisions, statutes, or any other applicable law, the execution retains the authority to seize the judgment debtor’s property. Generally, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and 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.
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 within specified statutory 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 for personal service (except child support) and unpaid commissions for personal services, not to exceed 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 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) Certain consigned artwork.
WRITS OF GARNISHMENT.
The post-judgment garnishment allows a judgment creditor to inquire into the relationship between a third party and the judgment debtor, with the objective of determining if there are any funds or property owed to the debtor. If any such debts are discovered, the creditor (garnishor) can obtain a garnishment judgment, directing the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.
Requirements to Issue
After securing a judgment, garnishment can be pursued if certain conditions are met. These conditions include: a) The creditor having 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 confirming, 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
Remember that a post-judgment garnishment action constitutes a distinct legal action separate from the main case it intends to enforce. The third-party garnishee should be named as the defendant, acknowledging their involvement in this ancillary litigation. File the application for post-judgment garnishment in the same court that rendered the judgment, utilizing a different cause number.
Service of the writ of garnishment/notice to judgment debtor.
The garnishment process commences with the service of the writ of garnishment on the garnishee, 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 promptly after the garnishee has been served. It is further stipulated that the copy of the writ served to the defendant must contain its contents in 12-point type and be 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, null and void.
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.
Officer’s Return.
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
If a bank account or other debt owed by the judgment debtor subject to garnishment is located and it is determined that sufficient funds are involved so as to make it cost-effective, proceed by filing an Application For Garnishment with a supporting affidavit, signed by the attorney representing the judgment creditor. Make sure that the affidavit includes the required information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the accurate garnishee name, designated officers for service, service address, and, if available, account names and numbers.
Collecting your judgment in Texas can be a daunting task, but with the help of Busby and Associates, you can navigate it smoothly. With their contingency-based services, upfront fees are not required. Judgments from other states involving a judgment debtor in Texas are evaluated individually, often requiring a retainer. Moreover, in Ward County, they have the expertise to help you garnish a bank account or financial institution, ensuring effective judgment collection.
