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  1. #1
    Join Date
    Mar 2012
    Posts
    13

    Default Is There a Time Limit for Filing an Abstract of Judgment After Receiving a Judgment

    My question involves judgment recovery in the State of: Texas

    About a year and half ago I received a judgment against former tenants for the back rent in an eviction. How long do I have to file an abstract of judgment? Is there a point at which I can no longer file because the judgement happened too far in the past?

    Thanks

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Is There a Time Limit for Filing an Abstract of Judgment After Receiving a Judgme

    An abstract of judgment is something you need to file a lien on real property. It is not the judgment. It isn't a garnishment or writ of execution. Your judgment is good for ten years, and can be renewed for another ten.

    Collections are difficult in Texas because most homes, cars, and wages are exempt from collection. You do have the right to a debtor's hearing, and even to depose the debtor. However, the debtor can fail to tell you of assets. That's perjury of course but it happens all the time.

    If the debtor has a business with inventory and cash in the till, you can go after that.

    If the debtor has a home but no business, that's what I would do - prepare an abstract and file it as a lien against the home. Even though the home may be exempt, most title companies won't issue title insurance when there's a lien and they don't have to. They don't know for sure what's happening and often require that all liens be cleared. That would cause you to be paid if the home was sold in the next 20 years. Don't forget to renew the judgment after ten years.

    If you don't understand some of the terms I used, just google them and read up on them. Be sure to put Texas in your search.

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