Texas Writs of Garnishment to Collect Judgment Liens from Zavala County, Texas
In Zavala County, Texas, Busby & Associates is your trusted partner for all your judgment-related needs. Our skilled attorneys specialize in defending, collecting, and enforcing judgments, with a particular 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. Additionally, we possess the expertise to domesticate foreign child support liens specific to Zavala County. If you’re a judgment creditor struggling to receive payment or facing challenges in collecting your judgment, especially if the debtor resides in Zavala County, contact us. We’ll provide you with the necessary guidance, support, and legal expertise to help you successfully collect your judgment.
Texas Judgment liens in Zavala County
In Zavala County, a well-established judgment lien operates as a legally recognized lien on all the judgment debtor’s nonexempt real property. The establishment of a judgment lien involves the accurate recording and indexing of an abstract of judgment. To solidify the judgment lien, it is mandatory to file the abstract of judgment in each county where the judgment debtor’s property is located. The lien remains in force for a period of ten years from the date of recordation and indexing, provided that the judgment does not become dormant. Crucially, the judgment on which the lien is founded must be final and conclusive, not provisional. Even if the judgment is currently 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 proactive measures to obtain a lien before the judgment is appealed, the appeal itself will not nullify the efficacy of those measures in the event of affirmance. The rules outlined herein are specific 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 such foreign sources, it is necessary to first domesticate the judgment in Texas to establish 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. It’s also crucial to note that abstracts of federal court judgments require the certificate of the clerk of the court. If you have a judgment lien in Zavala County, Texas, you can abstract it at the County Clerk’s office situated at 200 E Uvalde St, Crystal City, Texas 78839.
In compliance with Texas regulations, a Texas abstract of judgment must contain specific information. This information includes the names of the plaintiff and defendant, the birthdate of the defendant (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 provided 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 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
The abstract of judgment should be recorded exclusively in Zavala County when the debtor has real property. The abstract is submitted to the Zavala County clerk, who diligently records it in the county’s real property records, ensuring accurate documentation of the date and time of recordation. Additionally, the clerk is obligated to enter the abstract in the alphabetical index to the real property records, indicating the names of each plaintiff and defendant in the judgment and the page number where the abstract is officially 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 properly domesticate the judgment in Texas.
Property To Which Lien Attaches Non-Exempt Real Property
All nonexempt real property owned by the defendant and officially recorded in Zavala County is affected by the judgment lien, which takes effect in the county.
Keeping the Judgment and Judgment Lien Alive
1. Non-governmental Judgments
The judgment lien remains in effect for a period of 10 years starting from the recording and indexing of the abstract, unless it becomes dormant. Therefore, it is crucial to (1) actively preserve the judgment and (2) obtain and record a new abstract of judgment to preserve 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.
The enforceability of state or state agency judgments remains intact and does not diminish. When an abstract of judgment is filed correctly, it creates a lien that lasts for 20 years from the filing date, and the lien’s duration can be extended for another 20 years by filing a renewed abstract of judgment.
3. Political Subdivisions.
While judgments of political subdivisions can go dormant under the dormancy statutes, the revival statute (Civ. Prac. & Rem. Code § 31.006) provides that political subdivisions are not constrained by the statute of limitations. Therefore, judgments of political subdivisions can be revived at any time, extending beyond 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
The availability of garnishment arises once a judgment is obtained, subject to meeting certain prerequisites. These prerequisites 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 states, 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
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 rendered the judgment, using a different 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 requires 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 specified under either Section 201.102 or 201.103 of the Finance Code. Out-of-state financial institutions 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 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 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
In the event that a bank account or other debt owed by the judgment debtor subject to garnishment is located and it is considered cost-effective due to sufficient funds being involved, file an Application For Garnishment supported by a signed affidavit. The affidavit, signed by the judgment creditor’s attorney, should encompass the necessary information for the application, including details of the original lawsuit and judgment, any credits applied to the judgment, the correct garnishee name, officers for service, service address, and, if provided, account names and numbers.
Struggling to collect your judgment in Texas? Busby and Associates have the solutions you need. With their contingency-based services, upfront expenses are not a concern. Judgments from other states involving a judgment debtor in Texas are carefully considered, typically requiring a retainer. Additionally, in Zavala County, they possess the necessary skills to help you garnish a bank account or financial institution, maximizing the chances of successful judgment collection.