Abstract of Judgment
A short certified or verified summary of a money judgment, recorded in the real property records of a Texas county. Once recorded and indexed, it creates a judgment lien on the debtor's nonexempt real property in that county, including land the debtor acquires later. Governed by Chapter 52 of the Texas Property Code.
An abstract of judgment is a summary of a money judgment that the creditor records with the county clerk. Once recorded and indexed, it creates a lien on the debtor's nonexempt real property in that county (Tex. Prop. Code § 52.001) lasting 10 years, unless the judgment goes dormant sooner (§ 52.006).
A Texas money judgment does not attach to the debtor's land on its own. The abstract is what turns it into a recorded judgment lien. On request and payment of the fee, the judge, justice of the peace or clerk of the court that rendered the judgment prepares and certifies the abstract (§ 52.002(a)). The creditor's attorney may instead prepare it, verified by the person who prepared it (§ 52.002(b)). Abstracts of judgments rendered in Texas by federal courts are recorded the same way, on the federal clerk's certificate (§ 52.007).
The abstract is filed with the county clerk, not with the court. Its reach is local: it binds land only in the county where it is recorded, so a creditor records it in each county where the debtor owns land or may buy it.
- Governing law
- Tex. Prop. Code ch. 52
- Where filed
- Real property records of each county where the lien is wanted (§§ 52.001, 52.004)
- Who prepares
- The court's judge, justice or clerk, or the creditor's attorney with verification (§ 52.002)
- Lien duration
- 10 years from recording, ending sooner if the judgment goes dormant (§ 52.006(a))
- Does not reach
- Homestead and other exempt real property (§ 52.001)
Recording and indexing
The county clerk must record a properly authenticated abstract immediately and note the date and hour it was received (§ 52.004(a)). The clerk also indexes it alphabetically under the name of each plaintiff and each defendant, with the volume and page or instrument number. Indexing matters, because the lien arises only when the abstract is "recorded and indexed" under Section 52.001.
Section 52.0041 adds a gatekeeping rule for judgments abstracted after September 1, 1993: the abstract must show a mailing address for each plaintiff or judgment creditor, or the filer pays a penalty fee equal to the greater of $25 or twice the recording fee. A missing address does not affect the judgment's validity between the parties.
Appeals and the lien
An abstract recorded while an appeal is pending creates a lien in the usual way, with one statutory exception. Under § 52.0011, the abstract creates no lien if the debtor has posted security (or is excused from posting it) and the court finds that a lien would not substantially increase the creditor's security when weighed against the cost to the debtor. A certified copy of that finding has to be recorded in each county where the abstract is filed. The court may withdraw the finding later, and the lien then exists once the withdrawal is recorded.
Bankruptcy discharge
For abstracts recorded on or after September 1, 1993, a bankruptcy discharge of the underlying debt cancels the judgment lien on real property the debtor owned before filing, with no further court action (§ 52.042). The discharged judgment also cannot become a lien on land acquired after the petition. The lien survives if the debt was not discharged, or if the property was not exempted in the bankruptcy and was abandoned during the case (§ 52.043). Older abstracts follow Subchapter B, which requires an application to the court that rendered the judgment.
What the abstract must show
Section 52.003(a) lists the required contents.
- The names of the plaintiff and defendant.
- The defendant's birthdate, if available to the clerk or justice.
- The last three numbers of the defendant's driver's license, if available.
- The last three numbers of the defendant's Social Security number, if available.
- The number of the suit in which the judgment was rendered.
- The defendant's address or, if the suit does not show one, the nature of citation and the date and place it was served.
- The date the judgment was rendered.
- The amount of the judgment and the balance due.
- Any balance due for child support arrearage.
- The rate of interest specified in the judgment.
How long is an abstract of judgment good for in Texas?
The lien it creates lasts 10 years from the date the abstract is recorded and indexed, and ends earlier if the judgment goes dormant in the meantime (Tex. Prop. Code § 52.006(a)). Section 52.001 allows a "first or subsequent" abstract to create a lien while the judgment is not dormant, so a creditor whose judgment remains alive under CPRC § 34.001 can record a new one. Abstracts of judgments in favor of the state or a state agency run 20 years and may be renewed once.
What is the difference between an abstract of judgment and a judgment lien?
The abstract is the document, and the judgment lien is its legal effect. Under Tex. Prop. Code § 52.001, an abstract that is recorded and indexed while the judgment is not dormant "constitutes a lien" on the debtor's nonexempt real property in that county. Recording also serves as notice to everyone of the instrument's existence (§ 13.002), which is why the lien turns up in a title search.
How is an abstract of judgment removed from the property records in Texas?
The usual route is a recorded satisfaction. Section 52.005 provides that payment in whole or in part may be shown by recording either a certified copy of an execution return showing satisfaction, or a release signed by the creditor or its attorney and acknowledged like a deed. A debtor whose homestead is clouded by the abstract can file the release affidavit under § 52.0012, and a bankruptcy discharge cancels the lien in the circumstances described in § 52.042.
For a business that wins a money judgment, recording an abstract in each county where the debtor holds land is a low-cost step that can secure the judgment against a later sale or refinance. On the other side, an abstract against a company or its owner often surfaces in a title commitment weeks before a closing. A buyer's title company typically looks for a recorded release under Section 52.005 or, for a homestead, the affidavit and certificate of mailing under Section 52.0012, and assembling and recording those documents takes time.
- The dates that matter: the lien runs 10 years from recording and indexing and ends sooner if the judgment becomes dormant (§ 52.006; CPRC § 34.001).
- If the property is a homestead, Section 52.0012 provides a release affidavit and certificate of mailing, and the creditor has 30 days after the certificate is filed to record a contradicting affidavit.
- Payment can be shown of record by a recorded release acknowledged like a deed, or a certified execution return (§ 52.005).
- If the judgment is on appeal and security has been posted, Section 52.0011 lets the trial court find that no lien should arise.
- A Texas lawyer who handles judgment enforcement or real estate title matters can review the abstract, the judgment and the county records.