Judgment Lien Forms With Miniatures In San Antonio
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
The judgment lien will prevent the sale/refinancing until the lien is released by the appropriate document filed in the county clerk's records. In Texas, homesteads are considered favorites of the law. The Texas Constitution provides that a homestead is exempt from seizure for the claims of most creditors.
Satisfy the Judgment: Paying the debt in full is the most straightforward way to remove the lien. Obtain a satisfaction of judgment from the creditor and file it with the court.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
A lien is a legal notice that the creditor is attempting to collect the judgment from the value of the property. Creditors can put liens on most any home because it is up to the owner to show that the Texas homestead exemption applies. Not all homes qualify for the exemption.
DURATION OF LIEN. (a) Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.
In Texas, exempt property covers what you need to live on. Here's a brief list of the major categories of exempt property: Your homestead is exempt up to 10 acres of urban property (single or family) and up to 100 acres of rural property (single) and 200 acres (family).
Interested persons may visit the county clerk's office where the lien is filed and examine relevant public records. Alternatively, the searches can be done online using the county clerk's online search tool (if available in the county of interest).
To file a lien claim, you will need: Property owner's name (or company name) and mailing address. Project address and the county where it is located. The amount owed for each month you performed the work that remains unpaid. A brief description of the work you performed.
Requesting a Writ of Execution Another way a creditor may try to collect their judgment is through a writ of execution. A writ of execution allow the debtor's non-exempt property to be seized and sold. The proceeds from the sale go to the debt owed to the creditor.
