Through this process, a lawsuit is filed against the lien claimant, along with a Motion to Remove the lien. At a minimum, this process can take up to 3-4 months. If the court grants the motion, the plaintiff is entitled to recover its attorneys' fees and costs incurred to remove the lien.
If there is no response, Property Code Section 52.0012 provides that a judgment debtor may file a “Homestead Affidavit as Release of Judgment Lien” which “serves as a release of record of a judgment lien established under this chapter.” The affidavit must be in proper form, meeting all requirements of the statute.
A judgment lien lasts for ten years. 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.
Draft and File the Motion: Your attorney will help you draft a formal “Motion to Vacate a Judgment,” outlining the specific legal grounds and supporting evidence. This motion must be filed with the same court that issued the original judgment.
Satisfaction of a judgment means that the judgment is no longer a lien on the debtor's real property. The courts cannot control the actions of third parties, but usually, the fact of satisfaction is recorded by the major credit reporting agencies and included in the debtor's credit history.
Judgment is a court decision that settles a dispute between two parties by determining the rights and obligations of each party. Judgments are classified as in personam, in rem, or quasi in rem. Judgments are usually monetary, but can also be non-monetary, and are legally enforceable.
But the judgment is composed of three elements: subject, attribute, and copula. To these three elements of the judgment correspond the three elements of the proposition: two terms, which express the subject and predicate or attribute, and the copula, which unites them.
Judgments may be classified as in personam, in rem, or quasi in rem. An in personam, or personal, judgment, the type most commonly rendered by courts, imposes a personal liability or obligation upon a person or group to some other person or group.
The Bible tells us about a judgment that has three stages: 1. The pre-advent judgment, 2. the 1000 year judgment and 3. the executive judgment when sin is destroyed forever.