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

At Busby & Associates, we are committed to providing exceptional judgment-related services in Wheeler County, Texas. Our skilled attorneys specialize in defending, collecting, and enforcing judgments, with a particular emphasis on garnishing bank accounts and financial institutions. As consumer bankruptcy, family law, and divorce lawyers, we also offer comprehensive support to both obligors and obligees involved in child support lien cases, including collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Wheeler County. If you’re a judgment creditor struggling to receive payment or needing assistance with a civil matter, especially if the debtor resides in Wheeler County, contact us. We’ll explain the process, guide you every step of the way, and help you collect your judgment successfully.

Texas Judgment liens in Wheeler County

A judgment lien that has been properly fixed acts as a lien on all nonexempt real property owned by the judgment debtor in Wheeler County. The creation 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 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. However, 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. 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 pertain to judgments issued by Texas state trial courts and do not cover 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

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 judgments rendered in all 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. Furthermore, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Wheeler County, Texas, you can visit the County Clerk’s office situated at 400 S Main St, Wheeler, Texas 79096.

Contents

In Texas, a valid abstract of judgment must contain specific elements to ensure compliance. These elements consist of the names of the plaintiff and defendant, the defendant’s birthdate (if known by the clerk of justice), the last three digits of the defendant’s driver’s license (if available), the last three digits of the defendant’s social security number (if obtainable), the suit number in which the judgment was rendered, the defendant’s address or, if not indicated in the suit, the nature of citation along with the date and place of citation service, the date of judgment, the amount for which the judgment was rendered and the outstanding balance, any child support arrearage, the interest rate specified in the judgment, and the mailing address for each plaintiff or judgment creditor. It is crucial to include the mailing address 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

Wheeler County is the designated location for the recording of the abstract of judgment when the debtor possesses real property in that jurisdiction. The abstract is submitted to the Wheeler County clerk, who diligently records it in the county’s real property records, ensuring precise documentation of the date and time of recordation. Furthermore, the clerk is obligated to enter the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant involved in the judgment and the corresponding page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Judgments filed under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act hold the same enforceability as judgments filed in the originating court, enabling their enforcement in Texas. The foreign judgment holder must meet the lien requirements when seeking to domesticate the judgment.

Property To Which Lien Attaches Non-Exempt Real Property

Wheeler County is where the judgment lien is recorded, encumbering all nonexempt real property owned by the defendant in the county.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

The judgment lien remains effective for a period of 10 years starting from the recording and indexing of the abstract, unless it becomes dormant. Therefore, it is necessary to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment to preserve 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 unaffected and does not expire. By correctly filing an abstract of judgment, a lien is established that remains valid for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.

3.      Political Subdivisions.

While judgments of political subdivisions can become dormant per the dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) specifies that the political subdivision is not precluded by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, not solely within two years of dormancy.

4.      Child Support Judgments.

All judgments for child support are exempted from the dormancy statute as per § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code, which universally applies to all child support judgments irrespective of their age.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution is authorized to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. 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 and associated 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 have any protected property.

2.      Property Exempt from Execution.

The following categories of property are exempted from execution, whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within various 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 (except 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, provided that the purchaser, mortgagee, or trustee points out other property sufficient to satisfy the execution h) Assets in the hands 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.

By initiating the post-judgment garnishment procedure, a judgment creditor can delve into the relationship between a third party and the judgment debtor, with the goal of identifying any outstanding funds or property owed to the debtor. If any such debts are uncovered, the creditor (garnishor) can secure a garnishment judgment, instructing the third party (garnishee) to remit payments to the garnishor instead of the judgment debtor.

Requirements to Issue

Garnishment is an available option subsequent to the attainment of a judgment, subject to certain requirements. These requirements 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 must declare, based on their knowledge, that the judgment debtor does not have in their possession in Texas enough property subject to execution to satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

It’s important to note that a post-judgment garnishment action is an independent legal proceeding separate from the main case it aims to enforce. The third-party garnishee should be designated as the defendant, emphasizing their role in this supplementary lawsuit. File the application for post-judgment garnishment in the same court that issued the judgment, under a unique cause number.

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

The initiation of the garnishment action requires the service of the writ of garnishment on the garnishee, while the judgment defendant, although 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. Furthermore, it is necessary 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

The designated address of the financial institution’s registered agent, as provided in its registration statement filed with the Secretary of State pursuant to Section 201.102 or 201.103 of the Finance Code, serves as the delivery location for garnishment writs served on garnishee banks. Out-of-state financial institutions seeking registration with the Secretary of State must adhere to the state’s laws governing foreign corporations conducting business in the state, which includes designating an agent for process under Section 201.102. On the other hand, 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.

According to Tex. R. Civ. P. 663, the officer executing a writ of garnishment must provide a return that satisfies the citation requirements. It is advisable for the judgment creditor to meticulously review the return before seeking a garnishment judgment, particularly if it is a default judgment. Returns in garnishment proceedings are subject to the rules governing citations in general. Courts have held returns to be fatally defective if they do not reveal the manner of service on a corporate garnishee or the place of service.

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, proceed by filing an Application For Garnishment along with a supporting affidavit. The supporting affidavit, to be 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 correct garnishee name, officers for service, service address, and, if provided, account names and numbers.

Looking for professional help in collecting your judgment in Texas? Turn to Busby and Associates. With their contingency-based services, upfront payments are not required. Judgments from other states with a judgment debtor in Texas undergo careful evaluation, sometimes involving a retainer. Additionally, in Wheeler County, they have the expertise to help you garnish a bank account or financial institution, streamlining the judgment collection process.