Texas Request for Abstract of Judgment - Civil
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FAQ
Texas Property Code Section 52.0012(c) states that a judgment lien does not attach to, and does not constitute a lien on, a judgment debtor's exempt real property, including the debtor's homestead.
The purpose of an abstract of judgment is to create a public record and create a lien or claim if necessary on any real estate owned or later acquired by the loser located in the county in which the abstract of judgment is recorded.
The abstract or ?AJ? stays on file for 10 years but may be re-filed for successive 10-year periods (Prop. Code §52.006). Note, however, that a judgment will become dormant if no attempt is made to execute upon it during the 10 years following its effective date.
Some of the Texas justice of the peace courts have a form to request the issuance of an abstract of judgment available on their website. If there is no form available for your justice of the peace court, you will need to contact their office for more information on how to request an abstract of judgment be issued.
The judgment lien is created by the proper recording and indexing of an abstract of judgment. The lien lasts for 10 years and can be renewed. The contents of the abstract of judgment must comply with Texas Property Code § 52.003 in order to be effective.
To file a judgment lien, an abstract of judgment (commonly called an "AJ") must be recorded in the county where the real property is located or where property could be owned in the future. Rules for the issuance of an abstract of judgment can be found in Section 52.002 of the Texas Property Code.
The abstract informs the county in which you have filed it that there is a judgment against the debtor and it creates a judgment lien on the debtor's real estate in that county. The judgment will probably be picked up by credit reporting agencies and be noted on the debtor's credit report.
An Abstract of Judgment is a public record, filed after the judgment is made, which details the judgment of a court case. It identifies the losing defendant, also known as the judgment debtor and the winning plaintiff, also known as the judgment creditor.
