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

Seeking professional judgment-related services in Wood County, Texas? Turn to Busby & Associates. 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 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 Wood County. If you’re a judgment creditor struggling to receive payment or facing difficulties with a debtor who has a bank account number, contact us. We’ll explain the process, guide you through it, and help you successfully collect your judgment.

Texas Judgment liens in Wood County

A properly fixed judgment lien in Wood County serves as a lien on all nonexempt real property owned by the judgment debtor. The establishment of a judgment lien involves 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’s validity lasts 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 under appeal 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 nullify 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

In Texas, the abstract of judgment for judgments rendered in all but small claims and justice courts can be prepared by either the judge, justice of the peace, clerk of the court, or the authorized representative of the judgment creditor, including their agent, attorney, or assignee. However, in small claims and justice courts, the judgment creditor is not allowed to prepare their own abstract. Please note that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Wood County, Texas, you can abstract it at the County Clerk’s office situated at 100 S Main St, Quitman, Texas 75783.

Contents

In Texas, a Texas abstract of judgment must meet specific criteria to be considered valid. This criteria includes the inclusion of certain information such as 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 mentioned 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 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

Proper recordation of the abstract of judgment necessitates its documentation in Wood County, the jurisdiction where the debtor has real property. The abstract is submitted to the Wood County clerk, who diligently records it in the county’s real property records, ensuring precise notation of the recordation date and time. Furthermore, the clerk is required to include the abstract in the alphabetical index to the real property records, showcasing the names of each plaintiff and defendant mentioned in the judgment and the corresponding page number where the abstract is recorded.

Abstracts of Domesticated Judgment Liens.

Under the Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act, foreign judgments can be enforced in Texas with the same level of enforceability as judgments filed in the originating court. The foreign judgment holder must satisfy the lien requirements to successfully domesticate the judgment in Texas.

Property To Which Lien Attaches Non-Exempt Real Property

The defendant’s nonexempt real property recorded in Wood County is subject to the judgment lien, encompassing all properties.

Keeping the Judgment and Judgment Lien Alive

1.      Non-governmental Judgments

To ensure the judgment lien’s validity, it remains enforceable for a period of 10 years from the recording and indexing of the abstract, unless it becomes dormant. Thus, it is necessary to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment to ensure the continuity of 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.

State or state agency judgments remain enforceable and do not become dormant. Upon the proper filing of an abstract of judgment, a lien is established 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, ensuring its enforceability for a total of 40 years.

3.      Political Subdivisions.

While judgments of political subdivisions can go dormant under dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) confirms that the political subdivision is not subject to the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, even beyond the two-year dormancy period.

4.      Child Support Judgments.

The exception to the dormancy statute for child support judgments is outlined in § 34.001 Subsection (c) of the Civ. Prac. & Rem. Code and applies broadly to all child support judgments, irrespective of their date of rendering or issuance.

Property Subject to and Exempt from Execution.

1.      Property Subject to Execution.

The execution holds the power to seize the judgment debtor’s property unless it is exempted by constitutional provisions, statutes, or any other rule of law. Typically, the following types of property are not exempted: a. Cash held in hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections of items like stamps, coins, etc.; d. Stocks, bonds, notes, and other investment assets; e. f. Airplanes. Corporations do not possess any property that is exempt from execution.

2.      Property Exempt from Execution.

Property falling within the following categories is exempt from execution, irrespective of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling under various specified categories, up to the aggregate 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 for 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, if the purchaser, mortgagee, or trustee identifies other property of the debtor sufficient to satisfy the execution h) Assets in the possession 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 means of the post-judgment garnishment process, a judgment creditor gains the ability to investigate whether a third party owes any funds or property to the judgment debtor. If any debts are found, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to remit payments to the garnishor rather than the judgment debtor.

Requirements to Issue

Garnishment can be pursued after a judgment is obtained, subject to fulfilling certain conditions. These conditions include: a) The creditor possessing 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 affirming, to the best of their knowledge, that the judgment debtor does not have sufficient property in Texas subject to execution that can satisfy the judgment.

Procedure for Securing Issuance Jurisdiction and parties

Keep in mind that a post-judgment garnishment action constitutes a separate legal action apart from the main case it aims to enforce. The third-party garnishee should be identified as the defendant, underscoring their role in this ancillary litigation. File the application for post-judgment garnishment in the same court that issued the judgment, utilizing a distinct 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, though 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, invalid and unenforceable.

Banks as Garnishees for Writs of Garnishment

Delivery of garnishment writs served on garnishee banks necessitates 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 prescribed under 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 applicable to foreign corporations conducting business in the state, including designating 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.

Tex. R. Civ. P. 663 specifies that the officer executing a writ of garnishment must provide a return that complies with the citation requirements. When seeking a garnishment judgment, it is advisable for the judgment creditor to carefully inspect the return, especially in the case of 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 method and place of service on a corporate garnishee.

Forms for the form and Practical Procedure

In the event that 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, file an Application For Garnishment with a supporting affidavit. The affidavit, signed by the attorney representing the judgment creditor, should include the information needed for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the proper garnishee name, officers for service, service address, and, if available, account names and numbers.

Seeking professional guidance in collecting your judgment in Texas? Rely on Busby and Associates. With their contingency-based services, upfront costs are not a concern. Judgments from other states involving a Texas-based judgment debtor are evaluated on a case-by-case basis, typically involving a retainer. Furthermore, in Wood County, they have the expertise to help you garnish a bank account or financial institution, ensuring effective judgment collection.