Texas Writs of Garnishment to Collect Judgment Liens from Yoakum County, Texas
Seeking professional judgment-related services in Yoakum County, Texas? Busby & Associates has you covered. Our skilled attorneys specialize 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 extend our services to assist both obligors and obligees involved in child support lien cases, offering collections prosecution and defense. Additionally, we possess the expertise to domesticate foreign child support liens specific to Yoakum County. If you’re a judgment creditor struggling to receive payment or facing difficulties in collecting your judgment, especially if the debtor resides in Yoakum County, contact us. We’ll provide you with personalized assistance and guide you toward a successful resolution.
Texas Judgment liens in Yoakum County
When appropriately fixed, a judgment lien operates as a binding encumbrance on all of the judgment debtor’s nonexempt real property in Yoakum County. The creation of a judgment lien is contingent upon correctly recording and indexing an abstract of judgment. To effectuate the judgment lien, the abstract of judgment must be filed in each county where the intention to fix the lien is sought. The lien’s duration spans ten years from the date of recordation and indexing, provided the judgment remains active without becoming dormant. A crucial criterion for the judgment lien is that the underlying judgment must be conclusive and not provisional. Nevertheless, even if the judgment is currently under appeal or a supersedeas bond has been posted, the possibility of filing an abstract of judgment based on the final judgment remains open. Additionally, in the event of an appeal, a judgment creditor’s proactive steps to obtain a lien before the appeal shall not negate their effect, should the judgment be ultimately upheld. The rules delineated here apply specifically to Texas state trial court judgments and do not encompass the enforcement of judgments issued in other states or foreign jurisdictions. To enforce judgments from such foreign sources, it is requisite to first domesticate the judgment in Texas to establish a lien and then proceed with the filing of an abstract of judgment.
Texas Abstract of Judgment
In Texas, the responsibility for preparing the abstract of judgment lies with 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. Furthermore, abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Yoakum County, Texas, you can abstract it at the County Clerk’s office located at Cowboy Way & Avenue G, 609 Cowboy Wy, Plains, Texas 79355.
Complying with Texas regulations, a Texas abstract of judgment must encompass specific details. This includes the names of both 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 accessible), the last three numbers 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 stated in the suit, the nature of citation and the date and place of service of citation, the date on which the judgment was rendered, the amount of the judgment and the remaining balance, any child support arrearage, the interest rate stated in the judgment, and the mailing address for each plaintiff or judgment creditor. It’s crucial to include the mailing address to avoid a penalty filing fee. Additionally, the abstract of judgment must be verified by the creditor’s attorney, and unsworn declarations are not permissible.
Recordation of Judgment Liens Abstract
Yoakum County is the designated jurisdiction for the official recording of the abstract of judgment when the debtor has real property within its boundaries. The abstract is presented to the Yoakum County clerk, who meticulously records it in the county’s real property records, carefully documenting the date and time of recordation. Simultaneously, the clerk is required to include the abstract in the alphabetical index to the real property records, displaying the names of each plaintiff and defendant in the judgment and the corresponding page number where the abstract is recorded.
Abstracts of Domesticated Judgment Liens.
The Uniform Enforcement of Foreign Judgments Act and the Uniform Foreign-Country Money Judgments Recognition Act stipulate that judgments filed under these Acts are enforceable in Texas with the same level of enforceability as judgments filed in the court where they were originally filed. To domesticate the judgment in Texas, the foreign judgment holder must meet the lien requirements.
Property To Which Lien Attaches Non-Exempt Real Property
The judgment lien applies to all nonexempt real property owned by the defendant and officially recorded in Yoakum County, the county of recordation.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien continues to be valid for a duration of 10 years from the recording and indexing of the abstract, unless it becomes dormant. Hence, it is crucial to (1) keep the judgment alive and (2) obtain and record a new abstract of judgment to maintain the validity 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.
Judgments issued by the state or a state agency do not lose their legal effect and maintain their enforceability. A duly filed abstract of judgment creates a lien that remains in force 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.
3. Political Subdivisions.
While judgments of political subdivisions may go dormant as per the dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) explicitly allows political subdivisions to revive the judgment without being limited by the statute of limitations. Hence, judgments of political subdivisions can be revived at any time, extending beyond the two-year dormancy period.
4. Child Support Judgments.
Section 34.001, subsection (c) of the Civ. Prac. & Rem. Code establishes a specific provision that exempts judgments related to child support from the dormancy statute, encompassing all such judgments regardless of when they were rendered.
Property Subject to and Exempt from Execution.
1. Property Subject to Execution.
Unless constitutionally, statutorily, or by any other rule of law exempted, the execution has the power to seize the judgment debtor’s property. Typically, the following types of property are not exempt: a. Cash on hand or in checking or savings accounts; b. Pleasure boats, including their motors and trailers; c. Collections such as stamps, coins, etc.; d. Stocks, bonds, notes, and other investments; e. f. Airplanes. Corporations do not possess any exempt property.
2. Property Exempt from Execution.
Property falling within the specified categories is exempt from execution, regardless of whether it belongs to a family or a single adult: a) The homestead b) Personal property falling within various categories as defined by statute, up to an aggregate fair market value of $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 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.
WRITS OF GARNISHMENT.
The post-judgment garnishment procedure grants a judgment creditor the authority to investigate the association between a third party and the judgment debtor, with the objective of uncovering any funds or property owed to the debtor. If any such debts are found, the creditor (garnishor) can obtain a garnishment judgment, compelling the third party (garnishee) to transfer payments to the garnishor instead of the judgment debtor.
Requirements to Issue
Following the obtainment of a judgment, garnishment may be pursued provided that certain conditions exist. These conditions include: a) The creditor having 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 attests, based on their knowledge, that the judgment debtor does not possess enough property in Texas that can be executed upon to satisfy the judgment.
Procedure for Securing Issuance Jurisdiction and parties
When pursuing a post-judgment garnishment action, remember that it is a separate legal suit distinct from the main case it seeks to enforce. The third-party garnishee should be treated as the defendant, signifying their involvement in this supplementary legal action. File the application for post-judgment garnishment in the same court that rendered the judgment, but with a separate cause number.
Service of the writ of garnishment/notice to judgment debtor.
Initiating the garnishment action requires serving the garnishee with the writ of garnishment, while the judgment defendant, though not a necessary party, must be promptly served with a copy of the writ of garnishment, the application, accompanying affidavits, and court orders after the garnishee has been served. Moreover, it is crucial that the copy of the writ served to the defendant includes 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, other than one dissolving the writ, void and unenforceable.
Banks as Garnishees for Writs of Garnishment
When delivering garnishment writs served on garnishee banks, they must be directed to the address designated as the registered agent of the financial institution in its registration statement filed with the Secretary of State, as mandated by either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions 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 when applying for registration with the Secretary of State. 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 performing the execution of a writ of garnishment is mandated to make a return that adheres to the citation rules specified in Tex. R. Civ. P. 663. It is of utmost importance for the judgment creditor to review the return thoroughly before obtaining a garnishment judgment, particularly in the case of a default judgment. Returns in garnishment proceedings are governed by the same rules as other citations. Courts have declared returns as fatally defective if they fail to indicate the method of service on a corporate garnishee or the place of service.
Forms for the form and Practical Procedure
If 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, proceed by filing an Application For Garnishment with a supporting affidavit, signed by the attorney representing the judgment creditor. Make sure that the affidavit includes the required information for the application, such as details of the original lawsuit and judgment, any credits applied to the judgment, the accurate garnishee name, designated officers for service, service address, and, if available, account names and numbers.
Looking for professional help in collecting your judgment in Texas? Count on Busby and Associates. With their contingency-based services, you can proceed without worrying about upfront fees. Judgments from other states involving a judgment debtor in Texas are carefully reviewed, typically requiring a retainer. Moreover, in Yoakum County, they can help you garnish a bank account or financial institution, maximizing the chances of successful judgment collection.