Texas Writs of Garnishment to Collect Judgment Liens from Webb County, Texas
In Webb County, Texas, Busby & Associates is your trusted partner for comprehensive judgment-related services. 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 provide 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 Webb County. If you’re a judgment creditor struggling to receive payment or facing challenges in collecting your judgment, especially if the debtor resides in Webb 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 Webb County
In Webb County, a judgment lien that has been properly fixed acts as a lien on all nonexempt real property owned by the judgment debtor. The establishment of a judgment lien requires 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 valid 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 under appeal 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
Texas law allows for the preparation of the abstract of judgment 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 permitted to prepare their own abstract. Additionally, it’s important to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you are in Webb County, Texas, you can abstract your judgment lien at the County Clerk’s office located at 1110 Victoria St #203, Laredo Texas 78040.
To ensure compliance with Texas regulations, an abstract of judgment in Texas must contain specific information. This 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 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 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 allowed.
Recordation of Judgment Liens Abstract
In cases where the debtor possesses real property, it is imperative to document the abstract of judgment in Webb County. The abstract is submitted to the Webb County clerk, who records it meticulously 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.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act establish that judgments filed under these Acts have enforceability in Texas equivalent to judgments filed in the originating court. The foreign judgment holder must adhere to the lien requirements to effectively domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien applies to all nonexempt real property owned by the defendant and located in Webb County, where it is recorded.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien holds its enforceability for a duration of 10 years starting from the date of recording and indexing the abstract, unless it becomes dormant. Therefore, it is essential 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.
Judgments issued by the state or a state agency do not lose their legal validity and maintain their enforceability. A duly filed abstract of judgment creates a lien that remains in force 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.
3. Political Subdivisions.
Dormancy statutes can cause judgments of political subdivisions to become inactive, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not barred by the statute of limitations. Thus, judgments of political subdivisions can be revived at any time, surpassing the two-year dormancy period.
4. Child Support Judgments.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code establishes a specific provision that exempts judgments pertaining to child support from the dormancy statute, covering all such judgments regardless of when they were rendered.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless constitutionally, statutorily, or by any other rule of law exempted, the execution has the power to seize the judgment debtor’s property. Generally, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections 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 specified categories is exempt from execution, regardless of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling within various categories as defined by statute, up to an aggregate fair market value of $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 points out 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 process offers a legal recourse for a judgment creditor to explore 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. Upon discovering any such debts, the creditor (garnishor) can obtain a garnishment judgment, requiring the third party (garnishee) to pay funds to the garnishor instead of the judgment debtor.
Requirements to Issue
Following the obtainment of a judgment, garnishment may be pursued provided that certain conditions exist. 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 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
When initiating a post-judgment garnishment action, remember that it is a separate suit from the main cause it seeks to enforce. The third-party garnishee should be treated as the defendant, acknowledging their involvement in this supplementary legal action. File the application for post-judgment garnishment in the same court that rendered the judgment, but with a separate 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 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
In order to deliver garnishment writs served on garnishee banks, they must be directed to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State pursuant to 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. 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.
Tex. R. Civ. P. 663 stipulates that the officer who executes a writ of garnishment must provide a return that conforms to the citation requirements. When seeking a garnishment judgment, it is advisable for the judgment creditor to carefully review the return, especially in the case of a default judgment. Returns in garnishment proceedings are governed by the rules applicable to citations in general. Courts have held returns to be fatally defective if they do not specify the manner 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 considered cost-effective due to sufficient funds being involved, proceed by filing an Application For Garnishment along with a supporting affidavit. The affidavit, to be signed by the attorney representing the judgment creditor, should encompass the essential information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, designated officers for service, service address, and, if available, account names and numbers.
Having trouble collecting your judgment in Texas? Rely on the expertise of Busby and Associates. With their contingency-based services, upfront expenses are not a concern. Judgments from other states involving a Texas-based judgment debtor undergo individual evaluation, sometimes requiring a retainer. Additionally, in Webb County, they have the skills to help you garnish a bank account or financial institution, maximizing the chances of successful judgment collection.