Texas Lien on Real Property Regarding Judgment in a Federal Court

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Description

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances.

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FAQ

Property Code § 52.001 Establishment of Judgment Lien ?Except as provided by Section 52.0011 [trial court may remove lien pending appeal] or 52.0012 [judgment debtor records uncontraverted affidavit claiming homestead], a first or subsequent abstract of judgment, when it is recorded and indexed in ance with this ...

51.0012 of the Texas Property Code. This statute provides a mechanism for the automatic release of a judgment lien on homestead if the creditor does not contradict the facts of the affidavit within 30 days of receipt.

By filing a judgment lien, if the debtor sells any non-exempt property, you may be able to get all or some of the money you are owed from the proceeds of the sale. A judgment lien lasts for ten years.

52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received.

Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant. You can attempt to revive a dormant judgment in order to continue to try and collect the debt.

If you do not own anything that can be taken to pay a judgment against you, you are judgment-proof. But, even if property is exempt, if the property is collateral for a secured debt, then the creditor can take the property back if you do not make the payments on time.

Up to $50,000 of personal property for an individual. Up to $100,000 in personal items for a Texas family. Home furnishings. Provisions for consumption; livestock, farm implements.

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Texas Lien on Real Property Regarding Judgment in a Federal Court