{"id":9231,"date":"2023-03-01T15:53:35","date_gmt":"2023-03-01T15:53:35","guid":{"rendered":"https:\/\/www.busby-lee.com\/?p=9231"},"modified":"2023-03-17T19:29:39","modified_gmt":"2023-03-17T19:29:39","slug":"armstrong-county-claude-texas","status":"publish","type":"post","link":"https:\/\/www.busby-lee.com\/armstrong-county-claude-texas\/","title":{"rendered":"Armstrong County, Claude, Texas"},"content":{"rendered":"
If you’re a judgment creditor and having trouble collecting from a debtor, Busby & Associates can assist. We specialize in all aspects of judgments, including defense, collection, and enforcement. Our primary focus is on garnishing bank accounts and financial institutions, but we also assist clients in consumer bankruptcy, family law, and divorce cases, for both obligors and obligees under child support liens. Additionally, we can help with the domestication of foreign child support liens in Texas. Give us a call and we’ll explain the process and take action to collect your judgment when the debtor resides in Armstrong County, Texas.<\/p>\n
An abstract of judgment filed and indexed in Armstrong County creates a lien on all non-exempt real property of the judgment debtor within Armstrong County. The lien remains in effect for ten years, unless the judgment becomes dormant. For a judgment lien to be valid, the underlying judgment must be final and not interlocutory. Even if a judgment is under appeal, actions to create a lien can still be taken before the appeal. Please note that these rules only apply to Texas state trial court judgments, not to judgments from other states or foreign countries, which must first be domesticated in Texas to establish a lien.<\/p>\n
\u00a0<\/strong>Texas regulations state that either a judge, justice of the peace, clerk of the court, or the judgment creditor’s agent, attorney, or assignee can prepare an abstract of judgment for judgments rendered in all but small claims and justice courts. In those courts, the judgment creditor is not allowed to prepare their own abstract. It’s also important to note that abstracts of federal court judgments require certification from the clerk of the court.<\/p>\n \u00a0\u00a0\u00a0\u00a0 <\/strong>To be valid, an abstract of judgment in Texas must show the following: (1) the names of the plaintiff and defendant; (2) the defendant’s birthdate, if obtainable by the clerk of justice; (3) the last three digits of the defendant’s driver’s license number, if obtainable; (4) the last three digits of the defendant’s social security number, if obtainable; (5) the suit number in which the judgment was granted; (6) the defendant’s address or, if not listed in the suit, the citation’s details and the date and location of service; (7) the date of judgment; (8) the amount of the judgment and the remaining balance; (9) any outstanding child support arrearage; (10) the interest rate specified in the judgment. It should be noted that the mailing address for each plaintiff or judgment creditor must be included, or a penalty fee will be imposed. In addition, the abstract prepared by the creditor’s attorney must be verified, and declarations that are not sworn are unacceptable.<\/p>\n In order to ensure that the abstract of judgment is recorded in Armstrong County (where the debtor holds real property), the county clerk must file it in the Armstrong County’s real property records and document the date and time of recordation. Additionally, the clerk must add the names of all parties involved in the judgment, as well as the page number in the records where the abstract is recorded, to the alphabetical index of the real property records. \u00a0In Armstrong County, you would record your judgment with the County Clerk whose street address is 100 Trice Street and Mailing address is P.O. Box 309 Claude, Texas 79019.<\/p>\n \u00a0<\/strong><\/p>\n The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act provide that judgments filed under these acts are enforceable in the same way as judgments filed in the court where they were granted. Additionally, domesticating a foreign judgment in Texas requires the holder to meet the lien requirements as outlined in these acts.<\/p>\n Any real property in Armstrong County; the county of recordation that is not exempt and belongs to the defendant is subject to the judgment lien.<\/p>\n A judgment lien lasts for a decade after the date of recording and indexing the abstract, unless the judgment becomes dormant. To preserve the lien, steps must be taken to both keep the judgment active and record a new abstract of judgment. A judgment becomes dormant if no writ of execution is issued within 10 years of its rendition. The dormant judgment can be brought back to life by either filing an action of debt within two years of the judgment becoming dormant or by using scire facias.<\/p>\n State or state agency judgments do not become obsolete, and a properly filed abstract of judgment creates a lien that can be enforced for 20 years from the date of filing. The lien can be extended for another 20-year period by filing a renewed abstract of judgment.<\/p>\n Judgments made by political subdivisions may become dormant per the dormancy statutes. But, it is important to note that the statute of limitations outlined in Civ. Prac. & Rem. Code \u00a7 31.006 does not apply to these judgments. Therefore, they can be revived at any point in time, not just within two years of dormancy.<\/p>\n The dormancy statute does not apply to child support judgments, as stated in Subsection (c) of \u00a7 34.001 of the Civ. Prac. & Rem. Code, and applies to all child support judgments.<\/p>\n Execution can be used to seize the property of the judgment debtor, unless it is protected by constitutional, statutory, or other legal exemptions. Generally, cash, pleasure boats, collections, financial investments, and airplanes are not considered exempt. Notably, corporations have no exempt property.<\/p>\nContents<\/h2>\n
Recordation<\/h2>\n
Abstracts of Domesticated Judgments.<\/h2>\n
Property to Which Lien Attaches Non-Exempt Real Property<\/h2>\n
Keeping the Judgment and Judgment Lien Alive<\/h2>\n
\n
\n
\n
\n
Property Subject to and Exempt from Execution.<\/h2>\n
\n