{"id":11988,"date":"2023-07-25T14:17:29","date_gmt":"2023-07-25T14:17:29","guid":{"rendered":"https:\/\/www.busby-lee.com\/?p=11988"},"modified":"2023-12-27T09:05:14","modified_gmt":"2023-12-27T09:05:14","slug":"zapata-county-zapata-texas","status":"publish","type":"post","link":"https:\/\/www.busby-lee.com\/zapata-county-zapata-texas\/","title":{"rendered":"Zapata County, Zapata, Texas"},"content":{"rendered":"
Looking for reliable judgment-related services in Zapata County, Texas? Turn to Busby & Associates for expert assistance. Our team of skilled attorneys specializes in defending, collecting, and enforcing judgments, with a primary focus on garnishing bank accounts and financial institutions. As experienced consumer bankruptcy, family law, and divorce lawyers, we also offer comprehensive support to both obligors and obligees involved in child support lien cases, providing collections prosecution and defense. Furthermore, we possess the knowledge and capabilities to domesticate foreign child support liens specific to Zapata County. If you’re a judgment creditor struggling to receive payment or facing difficulties in collecting your judgment, especially if the debtor resides in Zapata County, don’t hesitate to contact us. We’ll provide you with personalized guidance and support, ensuring a successful resolution to your case.<\/p>\n
An adequately established judgment lien assumes the role of a legally binding encumbrance on the judgment debtor’s nonexempt real property in Zapata County. Creating a judgment lien involves the accurate recording and indexing of an abstract of judgment. To perfect the judgment lien, the abstract of judgment must be filed in each county where the lien is intended to be fixed. The lien remains operative for a span of ten years from the date of recordation and indexing, subject to the judgment’s active status without becoming dormant. It is essential that the judgment underlying the lien be final and conclusive, not provisional. Even if the judgment is presently under appeal or a supersedeas bond has been lodged, it is still permissible to file an abstract of judgment based on the final judgment. Furthermore, should the judgment creditor take proactive measures to obtain a lien prior to the judgment’s appeal, the appeal itself shall not diminish the effectiveness of those measures in the event of affirmance. The rules provided herein exclusively pertain to judgments rendered by Texas state trial courts and do not encompass the enforcement of judgments from other states and foreign jurisdictions. To enforce judgments from such foreign sources, it is mandatory to first domesticate the judgment in Texas to create a lien, followed by the filing of an abstract of judgment.<\/p>\n
The preparation of the abstract of judgment in Texas 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. Additionally, it’s important to obtain the certificate of the clerk of the court for abstracts of federal court judgments. If you need to abstract your judgment lien in Zapata County, Texas, you can do so at the County Clerk’s office located at 200 7th Ave, Zapata, Texas 78076.<\/p>\n
An accurate Texas abstract of judgment must include certain elements to meet the necessary requirements. These elements encompass the names of the plaintiff and defendant, the defendant’s birthdate (if available to the clerk of justice), the last three numbers of the defendant’s driver’s license (if obtainable), the last three numbers 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 service of citation, 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 essential to provide the mailing address 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 admissible.<\/p>\n
Zapata County becomes the designated jurisdiction for recording the abstract of judgment when the debtor has real property there. The abstract is delivered to the Zapata County clerk, who proceeds to record it meticulously in the county’s real property records, making careful note 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, providing a comprehensive listing of the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is officially recorded.<\/p>\n
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act ensure that foreign judgments are enforceable in Texas with the same level of enforceability as judgments filed in the originating court. Fulfillment of the lien requirements is mandatory for the foreign judgment holder when seeking to domesticate the judgment.<\/p>\n
The defendant’s nonexempt real property in Zapata County, as registered in the county, is subject to the judgment lien that encompasses all properties.<\/p>\n
The judgment lien persists for a period of 10 years from the date of recording and indexing the abstract, unless it becomes dormant. Thus, it is essential to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment to maintain 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.<\/p>\n
State or state agency judgments do not become inactive and retain their enforceability throughout the entire lifespan of the lien. An abstract of judgment, when filed correctly, creates a lien that remains effective for 20 years from the date of filing, and the lien can be extended for an additional 20 years by filing a renewed abstract of judgment.<\/p>\n
Under the dormancy statutes, judgments of political subdivisions may enter a dormant state; however, the revival statute (Civ. Prac. & Rem. Code \u00a7 31.006) makes it clear that political subdivisions are not barred by the statute of limitations. Consequently, judgments of political subdivisions can be revived at any time, not just within two years of dormancy.<\/p>\n
The provision in \u00a7 34.001 Subsection (c) of the Civ. Prac. & Rem. Code creates an exception for child support judgments from the dormancy statute and applies to all such judgments, regardless of when they were granted or issued.<\/p>\n
Unless protected by constitutional provisions, statutes, or any other applicable law, the execution retains the authority to seize the judgment debtor’s property. Generally, the following types of property are not protected: a. Cash on hand or in checking or savings accounts; b. Pleasure boats and their 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 possess any exempt property.<\/p>\n
Property falling within the following categories is exempted from execution, irrespective of whether it pertains to a family or a single adult: a) The homestead b) Personal property falling within specified statutory categories, with a total 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 child support) and unpaid commissions for personal services, not to exceed 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.<\/p>\n