Judgment Lien
In Texas, a lien on a judgment debtor's nonexempt real property that arises when an abstract of judgment is recorded and indexed in the county where the land lies. It secures the money judgment for 10 years, reaches land the debtor acquires later in that county, and does not attach to a homestead.
A Texas judgment lien attaches to a debtor's nonexempt real property in each county where the creditor records an abstract of judgment (Tex. Prop. Code § 52.001). It lasts 10 years from recording unless the judgment goes dormant sooner (§ 52.006), and it does not attach to an exempt homestead.
A judgment lien is the creditor's security interest in land, created by statute rather than by agreement. Section 52.001 provides that an abstract of judgment, once recorded and indexed while the judgment is not dormant, "constitutes a lien on and attaches to" the defendant's real property in that county. The lien covers land owned at the time and land acquired afterward, and it excludes property exempt from seizure under Chapter 41, the Texas Constitution or other law.
The lien does not collect the debt by itself. It sits on the title until the judgment is paid, released or expires, and the creditor can enforce it through a writ of execution and sale.
- Created by
- Recording and indexing an abstract of judgment (Tex. Prop. Code § 52.001)
- Reach
- Nonexempt real property in the recording county, including later-acquired land (§ 52.001)
- Duration
- 10 years from recording; ends if the judgment goes dormant (§ 52.006(a))
- Homestead
- Not attached; release of record by affidavit (§§ 52.001, 52.0012)
- State judgments
- 20 years, renewable once for 20 more (§ 52.006(b))
How the lien attaches
The lien works county by county. An abstract recorded in Harris County binds land in Harris County and nowhere else, so a creditor wanting reach across the state records abstracts in each county of interest. Within a county, the lien reaches real property the debtor owns when the abstract is indexed and any real property the debtor acquires there later, as long as the judgment is not dormant (§ 52.001).
Personal property is outside Chapter 52. A creditor reaches equipment, accounts and inventory through execution, garnishment or a turnover order instead.
Homestead and exempt property
Section 52.001 excludes real property exempt from seizure or forced sale. The largest category is the homestead, which Article XVI, Section 50 of the Texas Constitution protects from forced sale for all debts except a short list (purchase money, taxes, certain improvement contracts, home equity loans meeting constitutional requirements and a few others). Size limits come from Section 41.002: up to 10 acres for an urban homestead, and up to 200 acres for a family or 100 acres for a single adult for a rural one. Land beyond those limits is not exempt.
Because a recorded abstract still appears in the title record even when it cannot attach, Section 52.0012 gives the debtor a way to clear it. The debtor records a homestead affidavit in the statutory form and a certificate of mailing, and mails notice of the filing by certified or registered mail to the creditor and the creditor's attorney at each address listed in the statute. If the creditor does not file a contradicting affidavit within 30 days after the certificate is filed, a bona fide purchaser or mortgagee for value may rely conclusively on the debtor's affidavit for the 90 days that begin on the 31st day.
Effect on sales, refinancing and bankruptcy
A properly recorded instrument is notice to all persons (Tex. Prop. Code § 13.002), so a buyer or lender dealing with nonexempt land takes subject to a recorded judgment lien. Proceeds from the sale of a homestead are separately protected from seizure for six months after the sale (§ 41.001(c)).
Bankruptcy can end the lien. For abstracts recorded on or after September 1, 1993, a discharge of the underlying debt cancels the lien on land the debtor owned before filing, and the judgment cannot attach to land acquired after the petition (§ 52.042). The lien survives if the debt is not discharged, or if the property was not exempted and was abandoned during the case (§ 52.043).
How long does a judgment lien last in Texas?
Ten years from the date the abstract is recorded and indexed, unless the judgment goes dormant first (Tex. Prop. Code § 52.006(a)). The judgment goes dormant if no writ of execution issues within 10 years of rendition, or if a second writ does not issue within 10 years after the first (CPRC § 34.001), and a dormant judgment can be revived only by suit brought within two years (§ 31.006). Because Section 52.001 recognizes a "subsequent abstract," a creditor whose judgment is still alive can record a new one.
Can you buy a house in Texas with a judgment lien against you?
Yes, though the lien may follow the purchase. A recorded abstract attaches to real property the debtor acquires later in that county (Tex. Prop. Code § 52.001), but not to property that qualifies as an exempt homestead. If the new house is the buyer's homestead, the release affidavit in § 52.0012 is the statutory way to show the title record that the lien does not attach. Rental or investment property gets no such protection.
How do you get rid of a judgment lien in Texas?
Payment followed by a recorded release is the most common route: Section 52.005 accepts a release signed by the creditor or its attorney and acknowledged like a deed, or a certified execution return showing satisfaction. Other routes are statutory. A homestead owner can file the Section 52.0012 affidavit, a bankruptcy discharge cancels the lien under Section 52.042, and the lien ends on its own at 10 years or when the judgment goes dormant (§ 52.006).
For a company holding a judgment, the lien is passive: it does nothing until the debtor tries to sell or refinance nonexempt land in a county where an abstract is on record. For an owner facing one, the practical exposure is usually a closing that cannot proceed until the lien is paid or released. Judgments against a business owner personally (on a personal guarantee, for example) can attach to the owner's nonexempt real estate even when the business's own assets are untouched.
- 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).
- The lien binds only land in counties where an abstract is recorded and indexed (§ 52.001).
- For a homestead, the Section 52.0012 affidavit and certificate of mailing clear the record unless the creditor files a contradicting affidavit within 30 days.
- A payoff is commonly paired with a release acknowledged in the form required for deeds and recorded in each county (§ 52.005).
- A Texas lawyer who handles judgment enforcement or real estate title matters can review the abstract, exemption claims and any bankruptcy effect.