Abstract of judgment in Texas. A certified, one-page summary of a money judgment recorded with the county clerk immediately becomes a judgment lien on all non-exempt real property the debtor owns—or later buys—in that county. The lien lasts ten years but may be renewed before it expires.
Introduction
Received notice an abstract of judgment hit the public record? That single sheet can cloud the title to your Dallas home within 24 hours and block a sale or refinance. We defend clients throughout the entire state of Texas from offices in Richardson and Plano, helping families protect homes, savings, and peace of mind. So if a creditor recorded a lien against you, our experienced Texas judgment-lien attorneys are ready to review options in a free consultation—call (888) 584-9614 today.
For assistance with judgment enforcement, settlement negotiations, or filing procedures, contact our legal team to discuss your situation and get the help you need.
What Is an Abstract of Judgment in Texas?
An abstract of judgment is the certified public-record notice that turns a court’s money judgment—even those from small claims—into a powerful real-property lien.
In Texas, a judgment lien attaches to real estate when a creditor records a properly filed abstract of the judgment in the county where the debtor owns property.
Judgment liens don’t appear out of nowhere. They follow a legal process that begins when a creditor sues you and wins a judgment, including default judgments if you don’t respond to the lawsuit.
This legal document serves as a bridge between the courtroom victory and real-world collection efforts, transforming a simple court order into a mechanism that can freeze property transactions and create lasting financial obligations.
Under Texas law, the abstract of judgment must be a written document and must include specific contents required by statute to ensure the judgment lien is valid and enforceable.
Required data under Tex. Prop. Code § 52.002:
- Firstly, full name of the judgment debtor
- Likewise, last 3 digits of the social security number (SSN) or driver’s license number
- Birthdate
- Also, last known address
- Additionally, amount of the judgment (including principal, interest, court costs, and attorney’s fees)
- Similarly, cause number and district court or justice court that issued it
- Name and address of the judgment creditor
- Finally, date the abstract was issued by the clerk of the court
Because county clerks index these forms in the real property records, every title company, mortgage lender, and savvy real-estate buyer sees the lien in minutes.
Why Creditors File an Abstract: Turning a Money Judgment into a Judgment Lien
Texas follows a “lien theory.” When the creditor records the abstract, it automatically attaches a judgment lien to the debtor’s non-exempt real property in that county. Unlike the judgment itself, which represents the court’s final order requiring payment, the abstract functions as official notice to the world about a creditor’s legal claim against a debtor’s assets.
The defendant, also known as the judgment debtor, is the party whose assets may be subject to the lien, and proper documentation of the judgement is essential for enforcement.
Practical scenario: You plan to sell a Frisco rental house. Days before closing, the title examiner spots an old abstract. Until you pay, settle, or discharge the lien, the buyer’s lender will not close.
Strategic Filing Considerations
Many creditors file in counties where the debtor’s family members reside, anticipating future inheritances or property transfers. Others focus on counties with active real estate markets where the debtor might purchase property using hidden assets.
It is crucial to place the abstract of judgment in the correct county to ensure the judgment lien properly attaches to the debtor’s property.
This strategic approach enables creditors to cast a wide net for future collection opportunities.
Lien Attachment Rules for Real Property vs. Homestead
Texas homestead exemptions provide some of the nation’s strongest protections:
- Homestead property: Exempt; lien does not attach
- Rental houses, raw land, lake lots, commercial buildings: Non-exempt; lien attaches
- Personal property—cars, furniture: Remains free of the lien
- Personal property exemptions: Up to $30,000 for individuals or $60,000 for families
Thus, the abstract creates a lien that affects all non-exempt real property owned by the debtor at the time of filing and any property acquired afterward, as long as the lien remains valid. This prospective effect makes abstracts particularly powerful collection tools.
Priority Battles: Taxes, Mortgages, and Other Liens
Priority among competing liens follows the general rule of “first in time, first in right”:
- Firstly, property taxes (always first)
- Also, constitutional mechanic’s liens
- Likewise, purchase-money mortgage
- Home-equity liens
- Additionally, abstract of judgment
- Similarly, subsequent writ of garnishment or additional abstracts
Earlier filings win the race unless a statute grants special priority.
Texas Filing Requirements & Deadlines with the County Clerk
Follow these steps to record a valid abstract:
- Firstly, obtain a certified abstract from the issuing county or federal court clerk. Obtaining the correct certified abstract and any necessary releases is crucial to ensure proper filing and enforcement of the judgment.
- Also, verify debtor’s name, SSN digits, and birthdate
- Likewise, file in every county where the debtor owns—or may buy—real estate
- Ensure payment of a filing fee (see table)
- Also, confirm recording index number
- Similarly, send copy to debtor’s last known address
How an Abstract Affects Judgment Debtors Day-to-Day
The presence of an abstract creates what real estate professionals call a “cloud on title” with far-reaching consequences:
- Firstly, mortgage refinance denials: Banks reject applications when title searches reveal judgment liens
- Failed homestead equity loan requests: Even exempt property refinances stall due to title issues
- Driver’s license renewal holds: Certain damage judgments trigger DPS suspensions
- Also, credit score impact: Public lien records appear in credit databases
- Property value reduction: Buyers avoid properties with outstanding liens
- Likewise, estate planning complications: Heirs face delays and additional costs
The lien runs 10 years but may be renewed. Ignore it and risk surprise at the worst moment—like the sale of a lifelong homestead.
Failure to resolve a judgment lien can result in significant financial and legal consequences for the debtor, including additional costs, sanctions, and other penalties.
Duration, Renewal, and Automatic Expiration under the Texas Property Code
Under Texas Property Code § 52.006, the lien lasts ten years from recording. During a bankruptcy stay, the clock pauses. Creditors may file a re-abstract in the ninth year to keep their priority alive. After ten years without renewal, the lien dies, but the money judgment itself may still be collected by other remedies.
Important exceptions affect the 10-year clock:
- Firstly, bankruptcy filing tolls (pauses) the expiration period
- Also, death of the debtor may extend collection time
- Similarly, certain appeals can delay expiration
Debtor Options: Release, Settlement, or Bankruptcy Discharge
Decision Tree for Judgment Debtors:
1. Pay in Full
- Creditor files release
- Lien removed from records
- Clear title restored
- Hence, it is important to comply with any court orders related to payment to avoid further enforcement actions or legal action.
2. Negotiate Settlement
- Firstly, offer lump sum for less than full amount
- Secondly, obtain partial release before closing a sale
- Document all agreements in writing, including the filing of an affidavit when necessary to prove settlement or payment.
File Bankruptcy (Chapter 7 or 13)
- Discharge debt obligation
- File motion to avoid lien on exempt property
- Fresh start with protected assets
4. Challenge the Abstract’s Validity
- Review for technical errors
- File motion to declare property exempt
- Assert homestead protections
- Be sure to comply with all court rulings and deadlines during this process to prevent additional enforcement actions.
5. Wait for Expiration
- Monitor 10-year deadline
- Prevent renewal through strategic timing
- File quiet title action after expiration
For guidance on your facts, call for a free consultation at (888) 584-9614.
Collecting on a Judgment: Writs of Execution & Garnishment Tools
Enforcement Tools Available to Creditors:
Writ of Execution
- Authorize sheriffs to seize and sell non-exempt property
- Follow specific procedures to protect debtor rights
- Target personal property and non-homestead real estate
Bank Account Garnishment
- Reaches non-exempt funds in financial institutions
- Requires proper legal procedures
- Certain funds (Social Security, disability) protected
Turnover Orders
- Compel surrender of intangible assets
- Useful for business interests
- Reach assets held by third parties
Post-Judgment Discovery
- Depositions to locate assets
- Document requests for financial records
- Interrogatories about property ownership
Texas Wage Garnishment Limits:
- Child support and federal taxes: allowed
- Consumer debts: generally prohibited
- Bank accounts: subject to garnishment orders
Hence, attempting to garnish a debtor’s bank account when the balance is unknown can lead to additional costs and uncertainty for the creditor.
The Texas Uniform Fraudulent Transfers Act protects against attempts to evade collection through improper asset transfers, enabling creditors to challenge transfers made with intent to hinder collection efforts.
Abstracts in Divorce & Estate Planning: Community vs. Separate Property Risk
During a Dallas County divorce, a lien against one spouse can cloud community property and stall property division. The complex interplay between community property law and judgment liens creates these issues:
- Firstly, judgments incurred during marriage may affect both spouses
- Similarly, separate property judgments generally stay with one spouse
- Divorce decrees must address existing liens
- Also, property division becomes more complex with abstracts
In probate, an abstract delays distribution because title companies need a release of any judgment lien before heirs sell. Proper planning—partition agreements, estate-planning trusts—keeps family transfers smooth.
Common Errors That Invalidate Abstracts
Example: Omitting a required statutory element, such as the debtor’s address, is a common error that can invalidate an abstract of judgment.
Experience shows numerous abstracts of judgment fail due to preventable errors:
1. Firstly, Incorrect Debtor Identification
- Missing or wrong SSN digits
- Name spelling variations
- Inaccurate addresses
2. Also, Mathematical Errors
- Miscalculated interest
- Wrong total amounts
- Incorrect cost additions
3. Similarly, Missing Statutory Elements
- Omitted court case numbers
- Wrong jurisdiction information
- Missing required dates
4. Filing Errors
- Wrong county selection
- Incorrect indexing section
- Misfiled documents
5. Likewise, Renewal Failures
- Expired liens
- Improper renewal procedures
- Dormant judgments
Texas Case-Law Spotlight
Historic Precedent
Texas American Bank v. Southern Union Exploration, 714 S.W.2d 105 (Tex. App.—Eastland 1986) The creditor recorded an abstract that listed the wrong survey and omitted the county. The court held the legal description was fatally defective, so the lien never attached to the debtor’s land. This case established that even minor recording errors strip creditors of lien rights. (View Case)
Recent 2023-2024 Developments
Recent Texas appellate decisions have clarified important aspects:
- Firstly, Houston Court of Appeals (2023): Invalidated an abstract with a transposed SSN digit, reinforcing strict compliance requirements
- Secondly, Dallas Court of Appeals (2024): Confirmed homestead protections prevent forced sale even with valid abstracts
Thus, these cases demonstrate courts’ commitment to enforcing both creditor rights and debtor protections with equal rigor.
Why Warren & Migliaccio Is the Call You Make Next
With over 75 years of combined experience, our law firm has consistently guided families through lien releases, negotiated settlements, and provided trusted bankruptcy relief. Led by Managing Partner Christopher Migliaccio, our team is deeply committed to personal responsibility and prioritizing the well-being of every client we serve. Over the years, we’ve successfully resolved thousands of Texas judgment liens by blending sharp litigation skills with practical financial insight.
Above all, we aim to exceed expectations in every case—whether it involves judgment enforcement, property lien defense, or long-term legal planning.
Located near Richardson High School and downtown Plano, our principal office serves as a hub for helping Texans statewide. From Houston to Amarillo, and Austin to El Paso, we proudly represent clients in all 254 Texas counties. Whether you prefer to meet in person or online, we’re here to accommodate your schedule.
Ready to move forward? Call (888) 584‑9614 today to schedule your free consultation. We’ll review your situation, discuss your options, and help you create a clear plan for resolution.
Frequently Asked Questions About Abstract of Judgement Texas
How o I file an abstract of judgment in Texas?
Obtain a certified abstract from the court clerk and file it with the county clerk’s real property records where the debtor owns property, paying fees of $20-35 total.
To file an abstract of judgment in Texas, obtain a certified abstract from the court that issued your judgment, then file it with the county clerk where the debtor owns property.
The process takes 5 steps:
(1) Firstly, request certified abstract from court clerk
(2) Secondly, pay $5-8 certification fee
(3) Thirdly, file with county clerk’s real property records
(4) Pay $15-26 recording fee
(5) Finally, mail copy to debtor’s last known address per Texas Property Code § 52.003.
Filing creates an automatic lien on non-exempt real property in that county. Source: Texas Property Code Chapter 52; guides.sll.texas.gov
What information is required on a Texas abstract of judgment?
Texas law requires the debtor’s full name, last 3 SSN/DL digits, birthdate, address, judgment amount, court information, and creditor details.
Texas Property Code §52.003 requires: debtor’s full name, last 3 digits of SSN or driver’s license, birthdate, last known address, judgment amount including interest, cause number and court name, creditor’s name and address, and date of issuance. Missing any required element can invalidate the lien. Double-check all information matches court records exactly, as even transposed initials can create title problems requiring court intervention. Source: Tex. Prop. Code § 52.003; Texas State Law Library
How do I check if there’s an abstract of judgment against me in Texas?
Search county clerk real property records online, order a title search, check your credit report, or search deed records in counties where you own property.
Search for abstracts by:
(1) Firstly, checking county clerk real property records online in counties where you own property
(2) Secondly, ordering a property title search
(3) Thirdly, reviewing your credit report for public records
(4) Also, searching your name in county deed records
Many Texas counties offer free online searches through their official websites. Check multiple name variations and counties where you’ve lived or might inherit property, as creditors often file strategically.
Source: Dallas County Clerk; Harris County Clerk; Collin County Clerk
What happens if I find an abstract of judgment during a home sale?
The title company will require the lien to be cleared before closing through payment, settlement, bankruptcy, or legal challenge.
If an abstract appears during your home sale, the title company will require clearance before closing. If the debtor sells the property, the judgment lien enables the creditor to claim a portion of the sale proceeds to satisfy the judgment. Your options: pay the full judgment for immediate release, negotiate a settlement with the creditor, file bankruptcy if eligible, or challenge the abstract’s validity in court. Act quickly – most buyers won’t wait long. Even invalid abstracts can delay closings until legally removed through court proceedings.
Source: Texas Department of Insurance; Texas Land Title Association
Can I file an abstract of judgment online in Texas?
Major Texas counties offer e-filing for abstracts, but many rural counties still require in-person or mail filing.
Online filing availability varies by county. Major counties like Harris, Dallas, and Travis offer e-filing for abstracts through their clerk portals. Most rural counties still require in-person or mail filing. Check your target county clerk’s website for “e-recording” or “online real property filing” options. Online filing typically requires account setup and payment by credit card or ACH.
Source: County clerk websites; Texas Association of Counties
What’s the difference between a judgment and an abstract of judgment?
A judgment is the court’s order to pay; an abstract is the one-page filing that creates a property lien.
A judgment is the court’s final order requiring payment, while an abstract of judgment is the one-page certified summary that creates a property lien when filed with county clerks. The judgment alone gives you the right to collect; the abstract creates the automatic lien on real property. Think of the judgment as your legal victory and the abstract as your collection tool.
Source: Tex. Prop. Code Ch. 52; Texas Courts Guide
How do I contest an invalid abstract of judgment in Texas?
File a motion with the issuing court showing errors like wrong identification, expired judgment, or missing requirements.
Contest an abstract by filing a motion with the court that issued the original judgment. Common grounds include: incorrect debtor identification (wrong SSN digits or misspelled name), expired judgment, discharged in bankruptcy, or missing statutory requirements under Tex. Prop. Code § 52.003. You’ll need to prove the error and may require a hearing. Courts strictly enforce filing requirements – even minor errors can invalidate abstracts.
Source: Texas Rules of Civil Procedure; Texas Pattern Jury Charges
What property is exempt from abstract of judgment liens in Texas?
Texas exempts homesteads, personal property up to $60,000 (families) or $30,000 (individuals), retirement accounts, and life insurance.
Texas exempts: your homestead (unlimited value), personal property up to $60,000 for families ($30,000 individuals), retirement accounts, life insurance cash values, and college savings plans under Texas Property Code Chapter 41 and 42. The lien only attaches to non-exempt real property like rental houses, vacant land, or commercial buildings. Even if exempt, abstracts still appear on title searches until formally released. Source: Tex. Const. Art. XVI, § 50; Tex. Prop. Code Ch. 41-42
Does the Texas 10-year abstract of judgment rule restart if renewed?
Yes, filing a renewal abstract before expiration creates a fresh 10-year lien period.
Thus, the10-year period starts fresh with each renewal filing per Texas Property Code § 52.006. File your renewal abstract before the original expires to maintain priority. After 10 years without renewal, the lien expires automatically, but the underlying judgment may remain collectible through other methods. Bankruptcy and appeals can toll (pause) the 10-year clock.
Source: Tex. Prop. Code § 52.006; Texas Pattern Jury Charges
Can an abstract of judgment affect my credit in Texas?
Yes, abstracts appear as public records on credit reports, typically lowering scores 50-100 points for up to 7 years.
Yes, abstracts appear as public records on credit reports, typically dropping scores 50-100 points. The negative mark remains even after payment unless you ensure the creditor files a formal release. Unlike the 10-year lien duration, credit reporting lasts 7 years from filing date under the Fair Credit Reporting Act. Paid abstracts show as “satisfied” but still impact credit until the 7-year mark.
Source: 15 U.S.C. § 1681c; Consumer Financial Protection Bureau
How long does an abstract of judgment lien last in Texas?
Texas judgment liens last 10 years from recording date and can be renewed indefinitely before expiration.
Thus, Texas abstract of judgment liens last 10 years from the recording date under Texas Property Code § 52.006. The lien can be renewed indefinitely by filing a new abstract before expiration. Bankruptcy tolls (pauses) the 10-year period. After expiration without renewal, the lien dies but the underlying money judgment remains enforceable through other collection methods. Always check the recording date, not judgment date, to calculate deadlines. Source: Tex. Prop. Code § 52.006; guides.sll.texas.gov
Can an abstract attach to my homestead?
No, the Texas Constitution protects homesteads from most judgment liens, though certain debts like taxes can pierce this protection.
No, Texas Constitution Article XVI, Section 50 protects homesteads from abstract of judgment liens for most debts. Your primary residence cannot be forced sold for consumer debts, credit cards, or medical bills. However, certain debts pierce homestead protection: property taxes, purchase money mortgages, home equity loans, and mechanic’s liens. The abstract still appears on title searches, potentially complicating refinances until formally released.
Source: Tex. Const. Art. XVI, § 50; Tex. Prop. Code § 41.001
How do I remove an old abstract before selling my house?
Remove abstracts by paying in full, negotiating settlement, filing bankruptcy, proving invalidity, or waiting for expiration.
Remove an abstract by: (1) Paying the debt in full for creditor’s release, (2) Negotiating a settlement for partial payment, (3) Filing bankruptcy to discharge the debt, (4) Proving the abstract is invalid through court motion, (5) Waiting for 10-year expiration without renewal, or (6) Filing a quiet title action after expiration. The creditor must file the release with the county clerk to clear your title for sale under Texas Property Code § 52.008. Source: Tex. Prop. Code § 52.008; Texas State Law Library
Does bankruptcy wipe out the lien or just the debt?
Bankruptcy discharges personal liability but requires a separate motion to remove liens from exempt property.
Hence, Chapter 7 or 13 bankruptcy discharges your personal liability but doesn’t automatically remove the lien from property. You must file a separate “Motion to Avoid Lien” under 11 U.S.C. § 522(f) in bankruptcy court to eliminate liens on exempt property. Without this extra step, the lien survives on non-exempt property even after discharge. Many debtors mistakenly believe bankruptcy alone clears title – it doesn’t. Source: 11 U.S.C. § 522(f); U.S. Bankruptcy Court, Northern District of Texas
What if the judgment was issued in another state—do I still get a lien in Texas?
Out-of-state judgments must be domesticated in Texas courts before creating liens through abstracts.
Therefore, out-of-state judgments must be “domesticated” in Texas before creating liens. File the foreign judgment in a Texas court following the Uniform Enforcement of Foreign Judgments Act (Texas Civil Practice & Remedies Code Chapter 35). Once domesticated through this process, creditors can file abstracts just like Texas judgments. The domestication process typically takes 30-60 days and requires proper notice to the debtor. Source: Tex. Civ. Prac. & Rem. Code Ch. 35; guides.sll.texas.gov
Is there a cost to re-abstract after renewal?
Yes, renewal requires new filing fees of $22-30 per county plus $5-8 court certification fees.
Yes, renewal requires new filing fees of $22-30 per county, similar to original filing costs. You must pay certification fees to the court clerk ($5-8) plus recording fees to each county clerk ($15-26). File renewals in every county where you want to maintain liens. Small judgment creditors sometimes abandon liens due to renewal costs exceeding potential recovery.
Source: Local Government Code Ch. 118; County clerk fee schedules
What’s the difference between an abstract of judgment and other collection tools?
Abstracts create passive property liens while writs actively seize assets and garnishments freeze bank accounts.
An abstract creates a passive lien waiting for property sales or refinances, while writs of execution actively seize property through sheriff sales under Texas Rules of Civil Procedure 621-656. Bank garnishments freeze liquid accounts immediately. Turnover orders compel surrender of specific assets. Abstracts work best for patient creditors expecting future property transactions. Other tools provide faster results but require more effort and expense.
Source: Tex. R. Civ. P. 621-656; Tex. Civ. Prac. & Rem. Code Ch. 31
Can judgment creditors take my wages in Texas?
Texas prohibits wage garnishment for consumer debts; only child support, taxes, and federal student loans can garnish wages.
Thus, Texas prohibits wage garnishment for most consumer debts including credit cards, medical bills, and personal loans under Texas Constitution Article XVI, Section 28. Only child support, spousal maintenance, federal student loans, and tax debts can garnish wages. However, creditors can levy bank accounts after deposits, making direct deposit risky. This strong wage protection makes Texas attractive for debtors but forces creditors to pursue property liens instead.
Source: Tex. Const. Art. XVI, § 28; Tex. Civ. Prac. & Rem. Code § 63.001
Conclusion
An abstract of judgment is small, but its impact is huge. It creates a public record lien, follows your real property for up to a decade, and can renew indefinitely unless you act. Whether you’re a judgment creditor seeking to enforce a court order or a judgment debtor protecting your property rights, understanding Texas abstract procedures is essential for navigating the state’s complex property lien system.
If you face a lien—or want to prevent one—call (888) 584-9614 or contact us online for a free consultation with Warren & Migliaccio. Let our debt defense attorneys safeguard your family’s future and guide you toward a clear title.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Always seek personalized counsel for your unique situation.
