PROPERTY CODE
CHAPTER 52. JUDGMENT LIEN
SUBCHAPTER A. GENERAL PROVISIONS
§ 52.001. ESTABLISHMENT OF LIEN. Except as provided by
Section 52.0011, a first or subsequent abstract of judgment, when
it is recorded and indexed in accordance with this chapter, if the
judgment is not then dormant, constitutes a lien on the real
property of the defendant located in the county in which the
abstract is recorded and indexed, including real property acquired
after such recording and indexing.
Acts 1983, 68th Leg., p. 3526, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 1178, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 48, § 6, eff. Sept. 1, 1993.
§ 52.0011. ESTABLISHMENT OF LIEN PENDING APPEAL OF
JUDGMENT. (a) A first or subsequent abstract of a judgment
rendered by a court against a defendant, when it is recorded and
indexed under this chapter, does not constitute a lien on the real
property of the defendant if:
(1) the defendant has posted security as provided by
law or is excused by law from posting security; and
(2) the court finds that the creation of the lien would
not substantially increase the degree to which a judgment
creditor's recovery under the judgment would be secured when
balanced against the costs to the defendant after the exhaustion of
all appellate remedies. A certified copy of the finding of the
court must be recorded in the real property records in each county
in which the abstract of judgment or a certified copy of the
judgment is filed in the abstract of judgment records.
(b) The court may withdraw its finding under Subsection
(a)(2) at any time the court determines, from evidence presented to
it, that the finding should be withdrawn. The lien exists on
withdrawal of the finding and on the filing of a certified copy of
the withdrawal of the finding of the court in the real property
records in each county in which the abstract of judgment or a
certified copy of the judgment is filed in the abstract of judgment
records.
Added by Acts 1989, 71st Leg., ch. 1178, § 3, eff. Sept. 1, 1989.
§ 52.002. ISSUANCE OF ABSTRACT. (a) On application of
a person in whose favor a judgment is rendered or on application of
that person's agent, attorney, or assignee, the judge or justice of
the peace who rendered the judgment or the clerk of the court in
which the judgment is rendered shall prepare, certify, and deliver
to the applicant an abstract of the judgment. The applicant for the
abstract must pay the fee authorized by law for providing the
abstract.
(b) The attorney of a person in whose favor a judgment is
rendered in a small claims court or a justice court or a person in
whose favor a judgment is rendered in a court other than a small
claims court or a justice court or that person's agent, attorney, or
assignee may prepare the abstract of judgment. An abstract of
judgment prepared under this subsection must be verified by the
person preparing the abstract.
Acts 1983, 68th Leg., p. 3527, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1987, 70th Leg., ch. 663, § 2, eff. Sept. 1,
1987; Acts 1999, 76th Leg., ch. 176, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 668, § 2, eff. Sept. 1, 2001.
§ 52.003. CONTENTS OF ABSTRACT. (a) An abstract of a
judgment must show:
(1) the names of the plaintiff and defendant;
(2) the birthdate and driver's license number of the
defendant, if available to the clerk or justice;
(3) the number of the suit in which the judgment was
rendered;
(4) the defendant's address, or if the address is not
shown in the suit, the nature of citation and the date and place of
service of citation;
(5) the date on which the judgment was rendered;
(6) the amount for which the judgment was rendered and
the balance due;
(7) the amount of the balance due, if any, for child
support arrearage; and
(8) the rate of interest specified in the judgment.
(b) An abstract of a judgment may show a mailing address for
each plaintiff or judgment creditor.
Acts 1983, 68th Leg., p. 3527, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 4.08, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 134, § 2, eff. May 12,
1993.
§ 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.
(b) At the same time an abstract is recorded, the county
clerk shall enter the abstract on the alphabetical index to the real
property records, showing:
(1) the name of each plaintiff in the judgment;
(2) the name of each defendant in the judgment; and
(3) the volume and page or instrument number in the
records in which the abstract is recorded.
Acts 1983, 68th Leg., p. 3527, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 2001, 77th Leg., ch. 668, § 2, eff. Sept. 1,
2001.
§ 52.0041. ADDRESS REQUIREMENT FOR RECORDING
ABSTRACT. (a) A judgment abstracted after September 1, 1993, may
not be recorded unless:
(1) a mailing address for each plaintiff or judgment
creditor appears on the abstract of judgment; or
(2) a penalty filing fee equal to the greater of $25 or
twice the statutory recording fee for the abstract is paid.
(b) The validity of an abstracted judgment as between the
parties is not affected by a failure to include an address for each
plaintiff or judgment creditor in the abstracted judgment.
(c) Payment of a filing fee and acceptance of the abstract
of judgment by a county clerk for recording creates a conclusive
presumption that the requirements of this section have been met.
Added by Acts 1993, 73rd Leg., ch. 134, § 1, eff. May 12, 1993.
§ 52.005. SATISFACTION OF JUDGMENT. Satisfaction of a
judgment in whole or in part may be shown by recordation of:
(1) a return on an execution issued on the judgment, or
a copy of the return, certified by the officer making the return and
showing:
(A) the names of the parties to the judgment;
(B) the number and style of the suit;
(C) the court in which the judgment was rendered;
(D) the date and amount of the judgment; and
(E) the dates of issuance and return of the
execution; or
(2) a receipt, acknowledgement, or release that is
signed by the party entitled to receive payment of the judgment or
by that person's agent or attorney of record and that is
acknowledged or proven for record in the manner required for deeds.
Acts 1983, 68th Leg., p. 3528, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 2001, 77th Leg., ch. 668, § 2, eff. Sept. 1,
2001.
§ 52.006. DURATION OF LIEN. 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.
Acts 1983, 68th Leg., p. 3528, ch. 576, § 1, eff. Jan. 1, 1984.
§ 52.007. FEDERAL COURT JUDGMENT. An abstract of a
judgment rendered in this state by a federal court may be recorded
and indexed under this chapter on the certificate of the clerk of
the court.
Acts 1983, 68th Leg., p. 3528, ch. 576, § 1, eff. Jan. 1, 1984.
SUBCHAPTER B. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENS AGAINST
BANKRUPTS--ABSTRACT RECORDED BEFORE SEPTEMBER 1, 1993
§ 52.021. DISCHARGE AND CANCELLATION. (a) In
accordance with this subchapter, a judgment and judgment lien may
be discharged and canceled if the person against whom the judgment
was rendered is discharged from his debts under federal bankruptcy
law.
(b) This subchapter applies to judgments against persons
whose debts are discharged in bankruptcy and for which the
abstracts of judgment are recorded before September 1, 1993, as
provided by Subchapter A, regardless of the fact that the discharge
in bankruptcy occurred before this law took effect.
Acts 1983, 68th Leg., p. 3529, ch. 576, § 1, eff. Jan. 1, 1984.
Amended by Acts 1993, 73rd Leg., ch. 313, § 2, eff. Sept. 1,
1993.
§ 52.022. APPLICATION FOR COURT ORDER. (a) The person
who has been discharged from his debts, that person's receiver or
trustee, or any other interested person may apply, on proof of the
discharge, to the court in which the judgment was rendered for an
order discharging and canceling the judgment and judgment lien.
(b) A person may not apply for the order before a year has
elapsed since the bankruptcy discharge.
Acts 1983, 68th Leg., p. 3529, ch. 576, § 1, eff. Jan. 1, 1984.
§ 52.023. NOTICE OF APPLICATION. (a) Notice of the
application for the order and copies of the papers on which
application is made must be served on the judgment creditor or his
attorney of record in the action in which the judgment was rendered.
(b) If the residence or place of business of the judgment
creditor or his attorney is known, notice must be served in the
manner prescribed for service of notice in an action.
(c) As an alternative to service under Subsection (b), the
court may order that notice of the application be published in a
newspaper designated in the order once a week for not more than
three consecutive weeks if the applicant proves by affidavit that:
(1) the address of neither the judgment creditor nor
his attorney is known and the address of neither can be ascertained
by due diligence; or
(2) the judgment creditor is not a resident of this
state and his attorney is dead, removed from the state, or unknown.
Acts 1983, 68th Leg., p. 3529, ch. 576, § 1, eff. Jan. 1, 1984.
§ 52.024. COURT ORDER. (a) The court shall conduct a
hearing on the application and shall enter an order of discharge and
cancellation of the judgment and any abstracts of the judgment if
the debtor or bankrupt has been discharged in bankruptcy from the
payment of the obligation or debt represented by the judgment.
(b) In each county in which the court's order is recorded in
the judgment lien records, the order constitutes a release,
discharge, and cancellation of the judgment and of any unsatisfied
judgment lien represented by an abstract that is of record in the
county on the date of the order or is recorded in the county on or
after the date of the order.
Acts 1983, 68th Leg., p. 3530, ch. 576, § 1, eff. Jan. 1, 1984.
§ 52.025. EFFECT ON LIEN OF DISCHARGE OF DEBT IN
BANKRUPTCY. (a) A judgment lien is not affected by the order of
discharge and cancellation and may be enforced, if the lien is
against real property owned by the bankrupt or debtor before the
debtor was adjudged bankrupt or a petition for debtor relief was
filed under federal bankruptcy law, and:
(1) the debt or obligation evidenced by the judgment
is not discharged in bankruptcy; or
(2) the property is nonexempt and is abandoned during
the course of the proceeding.
(b) Except as provided by Subsection (a), the judgment is of
no force or validity and may not be a lien on real property acquired
by the bankrupt or debtor after the discharge in bankruptcy.
Acts 1983, 68th Leg., p. 3530, ch. 576, § 1, eff. Jan. 1, 1984.
SUBCHAPTER C. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENS AGAINST
DEBTORS--ABSTRACT RECORDED ON OR AFTER SEPTEMBER 1, 1993
§ 52.041. APPLICATION OF SUBCHAPTER. This subchapter
applies to a judgment and judgment lien for which an abstract of
judgment or judgment lien is recorded on or after September 1, 1993.
Added by Acts 1993, 73rd Leg., ch. 313, § 3, eff. Sept. 1, 1993.
§ 52.042. DISCHARGE AND CANCELLATION. (a) A judgment
is discharged and any abstract of judgment or judgment lien is
canceled and released without further action in any court and may
not be enforced if:
(1) the lien is against real property owned by the
debtor before a petition for debtor relief was filed under federal
bankruptcy law; and
(2) the debt or obligation evidenced by the judgment
is discharged in the bankruptcy.
(b) A judgment evidencing a debt or obligation discharged in
bankruptcy does not have force or validity and may not be a lien on
real property acquired by the debtor after the petition for debtor
relief was filed.
Added by Acts 1993, 73rd Leg., ch. 313, § 3, eff. Sept. 1, 1993.
§ 52.043. EXCEPTIONS TO DISCHARGE AND CANCELLATION. A
judgment lien is not affected by this subchapter and may be enforced
if the lien is against real property owned by the debtor before a
petition for debtor relief was filed under federal bankruptcy law
and:
(1) the debt or obligation evidenced by the judgment
is not discharged in bankruptcy; or
(2) the property is not exempted in the bankruptcy and
is abandoned during the bankruptcy.
Added by Acts 1993, 73rd Leg., ch. 313, § 3, eff. Sept. 1, 1993.
