Texas Writs of Garnishment to Collect Judgment Liens from Wilbarger County, Texas
In Wilbarger County, Texas, Busby & Associates is your trusted partner for all your judgment-related needs. 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 extend our services to assist both obligors and obligees involved in child support lien cases, providing collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Wilbarger County. If you’re a judgment creditor struggling to receive payment or facing challenges in collecting your judgment, especially if the debtor resides in Wilbarger 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 Wilbarger County
A judgment lien, when properly fixed, acts as a lien on all nonexempt real property owned by the judgment debtor in Wilbarger 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’s duration extends for ten years from the date of recordation and indexing, unless the judgment becomes dormant. It is essential for the judgment on which the lien is based to 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. 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 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
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 but small claims and justice courts. However, in small claims and justice courts, the judgment creditor is not permitted to prepare their own abstract. Moreover, abstracts of federal court judgments require the certificate of the clerk of the court. To abstract your judgment lien in Wilbarger County, Texas, you can visit the County Clerk’s office situated at 1700 Wilbarger St, Vernon, Texas 76384.
An accurate Texas abstract of judgment must encompass specific information to comply with the regulations. This information includes the names of the plaintiff and defendant, the defendant’s birthdate (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 provided 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 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 essential to provide the mailing address to avoid the imposition of a penalty filing fee. Furthermore, it is required that the abstract of judgment be verified by the creditor’s attorney, and unsworn declarations are not accepted.
Recordation of Judgment Liens Abstract
When the debtor holds real property in Wilbarger County, it is essential to record the abstract of judgment in that jurisdiction. The Wilbarger County clerk receives the abstract and diligently records it in the county’s real property records, ensuring accurate documentation of the date and time of recordation. Furthermore, the clerk is mandated to enter the abstract in the alphabetical index to the real property records, indicating the names of each plaintiff and defendant mentioned 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 grant foreign judgments the same enforceability as judgments filed in the originating court, guaranteeing their recognition and enforceability in Texas. Fulfilling the lien requirements is a prerequisite for the foreign judgment holder to successfully domesticate the judgment.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and recorded in Wilbarger County is affected by the judgment lien, which takes effect in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
To ensure the judgment lien’s continuity, it remains in effect for a period of 10 years from the recording and indexing of the abstract, unless it becomes dormant. Thus, it is essential to (1) actively maintain the judgment and (2) obtain and record a new abstract of judgment to preserve 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.
The enforceability of state or state agency judgments remains intact and does not diminish. When an abstract of judgment is properly filed, it creates a lien that lasts for 20 years from the filing date, and the lien can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
Under the dormancy statutes, judgments of political subdivisions may go dormant, but the revival statute (Civ. Prac. & Rem. Code § 31.006) affirms that the political subdivision is not restricted by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, surpassing the two-year dormancy period.
4. Child Support Judgments.
- 34.001 Subsection (c) of the Civ. Prac. & Rem. Code provides an exemption to the dormancy statute for judgments pertaining to child support, encompassing all such judgments whether they were recently rendered or issued in the past.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
The judgment debtor’s property can be subject to execution levy unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations have no exemption for their property.
2. Property Exempt from Execution.
The execution of property is exempted for the following categories, whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within diverse 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 (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 fulfill 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.
When determining whether a third party owes any funds or property to the judgment debtor, a judgment creditor can utilize the post-judgment garnishment process. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, compelling 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 can be pursued if the following conditions exist: 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 asserting, based on their knowledge, that the judgment debtor does not have sufficient property in Texas that is subject to execution and can satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
It’s crucial to recognize that a post-judgment garnishment action is an independent legal suit apart from the main case it seeks to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this supplementary legal action. File the application for post-judgment garnishment in the same court that delivered the judgment, using a different 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 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, null and void.
Banks as Garnishees for Writs of Garnishment
The delivery of garnishment writs served on garnishee banks requires them to be sent to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as specified under 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.
The officer entrusted with executing a writ of garnishment is required to provide a return that meets the citation requirements specified in Tex. R. Civ. P. 663. It is advisable for the judgment creditor to carefully inspect the return before seeking a garnishment judgment, especially if it is a default judgment. Returns in garnishment proceedings must comply with the rules governing citations in general. Courts have held returns to be fatally defective if they do not specify the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
If you come across a bank account or other debt owed by the judgment debtor subject to garnishment and determine that sufficient funds are involved to make it cost-effective, proceed by filing an Application For Garnishment along with a supporting affidavit signed by the attorney representing the judgment creditor. Make sure that the affidavit provides 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.
Trust in Busby and Associates to help you collect your judgment in Texas. With their contingency-based services, upfront fees are not a burden. Judgments from other states with a judgment debtor in Texas are carefully considered, typically requiring a retainer. Additionally, in Wilbarger County, they have the knowledge and resources to assist you in garnishing a bank account or financial institution, maximizing the chances of successful judgment collection.