Texas Request for Abstract of Judgment

State:
Texas
Control #:
TX-FB-FM-10
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PDF
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Description

Request for Abstract of Judgment

A Texas Request for Abstract of Judgment is a court document that is filed with the county clerk in the county where the judgment was originally issued. It is used to establish a lien against a person's real estate, personal property, and wages. This document is also used to renew a judgment after 10 years. The Texas Request for Abstract of Judgment comes in two forms: an Abstract of Judgment and a Certificate of Renewal Abstract of Judgment. An Abstract of Judgment is used to register a judgment against a debtor's property, and a Certificate of Renewal Abstract of Judgment is used to renew the judgment after 10 years. The Request for Abstract of Judgment must include the case number, names of the parties, the date and amount of the judgment, and the name and address of the court that issued the judgment. Once the Request for Abstract of Judgment is filed, the county clerk will issue an Abstract of Judgment or a Certificate of Renewal Abstract of Judgment, depending on the type of the document filed. The Abstract of Judgment or the Certificate of Renewal Abstract of Judgment may be used to collect a debt from the debtor by seizing and selling their property to satisfy the debt.

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FAQ

Defining Abstract of Judgment For example, an Abstract of Judgment in a criminal case could be used to prove a defendant's prior conviction. If the person receiving the judgment owns no personal property, the judgment may be placed against business property, or a Writ of Garnishment may be issued.

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.

Abstract: A summary of what a court or government agency does. abstract of judgment Summary of the court's final decision.

The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an ?abstract of judgment,? is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.

Criminal law An abstract of judgment is a clerical document containing a summary of court proceedings which may be useful though not conclusive in proving a prior conviction for the purposes of enhancement.

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.

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.

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.

More info

Make three copies of your completed Abstract of Judgment, Civil and Small Claims (EJ-001). Staple each of the photocopies, but leave the original unstapled.In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ001). Complete this form to request the issuance of an Abstract of Judgment. In a lawsuit, an Abstract of Judgment occurs when property is used as collateral to pay for a financial obligation. Complete an Abstract of Judgment (EJ-001). The information below is to be stated on the abstract. A filing fee is required and must be paid on-line during this filing. Please fill out the request for Abstract form with as much information you may have. Please submit completed request with issuance fee to: Justice Court Pct. 1.

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Texas Request for Abstract of Judgment