Most Texas counties have a readily-available form to fill out with the county clerk in order to file your abstract of judgment.
#Abstract of judgment how to#
How to File an Abstract of Judgment in Texas
#Abstract of judgment code#
See Texas Civil Practice and Remedies Code §34.001 §34.006. If no writ of execution has been entered during the 10-year life of the abstract, your attorney can revive the judgment for an additional two years and start the process anew. See Texas Property Code §52.006.Ī judgment becomes dormant where no writ of execution is filed attempting to collect on the judgment. The lien continues for ten (10) years from the date of recording and indexing with the county, except in cases where the judgment becomes dormant during that period.
The abstract creates a lien on the judgement debtor’s nonexempt real property in the county where the abstract has been recorded, pursuant to Texas Property Code §52.001.
How Long Does an Abstract of Judgment Last in Texas? The only exception is where the property is “exempt’ – or out of reach – for a specific reason, such as being the debtor’s residence. The purpose of the abstract of judgment is to create a public record that automatically creates a lien or claim on any real estate property owned or later acquired by the judgment debtor in the county where the abstract is recorded. For example, Harris County maintains a form for inputting all required information, called the Request for Abstract of Judgement Form, which can be accessed here.
#Abstract of judgment License number#
Per Texas Property Code §52.003, it must also include the birthdate of the defendant/judgment debtor, the debtor’s driver’s license number and social security number, the debtor’s address, and the creditor’s address.Ībstract of judgment forms are available in each of Texas’ counties for you and your attorney to fill out. In addition to the amount of the judgment award, the abstract of judgment will include the rate of interest, court costs, and any specific orders that the judgment debtor must obey. This person who won the lawsuit and is owed the debt is the “judgment creditor.” The person who lost the lawsuit and owes the debt is the “judgment debtor.”
This includes the debtor and people who do business with the debtor, whose property, due to the abstract of judgment, is no longer free and clear.Īn abstract of judgment is a written summary which states how much money a losing defendant owes to the winning plaintiff in a lawsuit. Think of an abstract of judgment as a way of recording your story, permanently, for everyone to see. What Is an Abstract of Judgment in Texas? Once you have received your judgment, you should do this right away. One of the best tools in your toolbox for making sure you receive the money that is yours by right is by filing an abstract of judgment. The modern court system in the State of Texas provides many protections for judgment debtors and navigating the post-judgment collection process can be overwhelming whether the judgment is from state court, the federal district court, or out-of-state and you still need to domesticate your judgment in Texas.
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