Texas Writs of Garnishment to Collect Judgment Liens from Wharton County, Texas
Seeking professional judgment-related services in Wharton County, Texas? Turn to Busby & Associates. Our team of experienced 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 services to assist both obligors and obligees involved in child support lien cases, providing collections prosecution and defense. Furthermore, we possess the expertise to domesticate foreign child support liens specific to Wharton County. If you’re a judgment creditor struggling to receive payment or dealing with a civil matter, especially if the debtor resides in Wharton County, contact us. We’ll guide you through the process, offer valuable advice, and help you collect your judgment successfully.
Texas Judgment liens in Wharton County
A properly fixed judgment lien has the power to act as a lien on all nonexempt real property owned by the judgment debtor in Wharton County. The establishment of a judgment lien involves accurately recording and indexing an abstract of judgment. In each county where the judgment lien is sought, the abstract of judgment must be filed. The lien remains effective for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is important to note that 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. Furthermore, 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, and subsequently, an abstract of judgment may be filed.
Texas Abstract of Judgment
In Texas, the preparation of the abstract of judgment is entrusted to 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 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. It’s important to keep in mind that abstracts of federal court judgments require the certificate provided by the clerk of the court. If you need to abstract your judgment lien in Wharton County, Texas, you can visit the County Clerk’s office at 309 E Milam St # 700, Wharton, Texas 77488.
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 permitted.
Recordation of Judgment Liens Abstract
The abstract of judgment should be officially recorded in Wharton County, the jurisdiction where the debtor holds real property. It is the responsibility of the Wharton County clerk to receive the abstract and meticulously enter it into the county’s real property records, accurately noting the date and time of recordation. Additionally, the clerk is required to include the abstract in the alphabetical index to the real property records, providing a comprehensive listing of the plaintiffs’ and defendants’ names in the judgment, along with 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 state that judgments filed under these Acts are enforceable in Texas with the same level of enforceability as judgments in the court where they were originally filed. The foreign judgment holder must comply with the lien requirements to properly 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 Wharton County, where it is recorded.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To preserve the judgment lien, it remains valid for 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Thus, it is crucial to (1) actively maintain the judgment 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.
Judgments rendered by the state or a state agency do not lose their enforceability and remain legally binding. The proper filing of an abstract of judgment creates a lien that remains effective for 20 years from the filing date, and the lien can be extended for an additional 20-year period by filing a renewed abstract of judgment.
3. Political Subdivisions.
Judgments of political subdivisions may go dormant under the dormancy statutes, but the revival statute (Civ. Prac. & Rem. Code § 31.006) ensures that the political subdivision is not restricted by the statute of limitations. As a result, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
Subsection (c) of § 34.001 of the Civ. Prac. & Rem. Code contains a specific provision that carves out judgments concerning child support from the dormancy statute, encompassing 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 following categories is exempted from execution, regardless of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within various specified categories, with 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 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.
Through the post-judgment garnishment process, a judgment creditor gains the authority to investigate the connection between a third party and the judgment debtor to determine whether there are any funds or property owed to the debtor. Upon discovering such debts, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to redirect payments to the garnishor rather than the judgment debtor.
Requirements to Issue
After securing a judgment, garnishment can be pursued if specific conditions are met. These conditions include: a) The creditor holding 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 providing an affirmation that, to their knowledge, the judgment debtor does not possess sufficient property in Texas subject to execution that can 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 is to be served on the garnishee, initiating the garnishment action. While the judgment defendant is not a necessary party in the garnishment, they 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. Moreover, it is stipulated 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 advise 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
When serving garnishment writs on garnishee banks, it is required to deliver them to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as indicated 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 appointment 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.
Officer’s Return.
Pursuant to Tex. R. Civ. P. 663, the officer responsible for executing a writ of garnishment must submit a return that complies with the citation regulations. It is prudent for the judgment creditor to carefully examine the return before seeking a garnishment judgment, especially if it is 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
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, you should file an Application For Garnishment along with a supporting affidavit. The affidavit should be signed by the judgment creditor’s attorney and should contain the necessary information for the application, including 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.
Need assistance in collecting your judgment in Texas? Busby and Associates can provide the support you need. With their contingency-based services, upfront expenses are not a barrier. Judgments from other states wherein the judgment debtor is in Texas are individually assessed, often requiring a retainer. Moreover, in Wharton County, they can assist you in garnishing a bank account or financial institution, maximizing the chances of successful judgment collection.
