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CHAPTER 52. JUDGMENT LIEN

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PROPERTY CODETITLE 5. EXEMPT PROPERTY AND LIENSSUBTITLE B. LIENSCHAPTER 52. JUDGMENT LIENSUBCHAPTER A. GENERAL PROVISIONSSec. 52.001.ESTABLISHMENT OF LIEN.Except as provided bySection 52.0011 or 52.0012, a first or subsequent abstract ofjudgment, when it is recorded and indexed in accordance with thischapter, if the judgment is not then dormant, constitutes a lienon and attaches to any real property of the defendant, other thanreal property exempt from seizure or forced sale under Chapter41, the Texas Constitution, or any other law, that is located inthe county in which the abstract is recorded and indexed,including real property acquired after such recording andindexing.Acts 1983, 68th Leg., p. 3526, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1989, 71st Leg., ch. 1178, Sec. 2, eff.Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 6, eff. Sept.1, 1993.Amended by:Acts 2007, 80th Leg., R.S., Ch.374, Sec. 1, eff. September 1, 2007.Sec. 52.0011.ESTABLISHMENT OF LIEN PENDING APPEAL OF JUDGMENT.(a)A first or subsequent abstract of a judgment rendered by acourt against a defendant, when it is recorded and indexed underthis chapter, does not constitute a lien on the real property ofthe defendant if:(1)the defendant has posted security as provided by law or isexcused by law from posting security; and(2)the court finds that the creation of the lien would notsubstantially increase the degree to which a judgment creditor'srecovery under the judgment would be secured when balancedagainst the costs to the defendant after the exhaustion of allappellate remedies. A certified copy of the finding of the courtmust be recorded in the real property records in each county inwhich the abstract of judgment or a certified copy of thejudgment 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under Subsection (a)(2)at any time the court determines, from evidence presented to it,that the finding should be withdrawn.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 onwithdrawal of the finding and on the filing of a certified copyof the withdrawal of the finding of the court in the realproperty records in each county in which the abstract of judgmentor a certified copy of the judgment is filed in the abstract ofjudgment records.Added by Acts 1989, 71st Leg., ch. 1178, Sec. 3, eff. Sept. 1,1989.Sec. 52.0012.RELEASE OF RECORD OF LIEN ON HOMESTEAD PROPERTY.(a)In this section:(1)"Homestead" has the meaning assigned by Section 41.002.(2)"Judgment debtor" and "judgment creditor" have the meaningsassigned by Section 31.008(h), Civil Practice and Remedies Code.(b)A judgment debtor may, at any time, file an affidavit in thereal property records of the county in which the judgmentdebtor's homestead is located that substantially complies withSubsection (f).(c)Subject to Subsection (d) and except as provided bySubsection (e), an affidavit filed under Subsection (b) serves asa release of record of a judgment lien established under thischapter.(d)A bona fide purchaser or a mortgagee for value or asuccessor or assign of a bona fide purchaser or mortgagee forvalue may rely conclusively on an affidavit filed underSubsection (b) if included with the affidavit is evidence that:(1)the judgment debtor sent a letter and a copy of theaffidavit, without attachments and before execution of theaffidavit, notifying the judgment creditor of the affidavit andthe judgment debtor's intent to file the affidavit; and(2)the letter and the affidavit were sent by registered orcertified mail, return receipt requested, 30 or more days beforethe affidavit was filed to:(A)the judgment creditor's last known address;(B)the address appearing in the judgment creditor's pleadingsin the action in which the judgment was rendered or another courtrecord, if that address is different from the judgment creditor'slast known address;(C)the address of the judgment creditor's last known attorneyas shown in those pleadings or another court record; and(D)the address of the judgment creditor's last known attorneyas shown in the records of the State Bar of Texas, if thataddress is different from the address of the attorney as shown inthose pleadings or another court record.(e)An affidavit filed under Subsection (b) does not serve asrelease of record of a judgment lien established under thischapter with respect to a purchaser or mortgagee of real propertythat acquires the purchaser's or mortgagee's interest from thejudgment debtor after the judgment creditor files a contradictingaffidavit in the real property records of the county in which thereal property is located asserting that:(1)the affidavit filed by the judgment debtor under Subsection(b) is untrue; or(2)another reason exists as to why the judgment lien attachesto the judgment debtor's property.(f)An affidavit filed under Subsection (b) must be insubstantially the following form:HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIENBefore me, the undersigned authority, on this day personallyappeared __________ ("Affiant(s)") (insert name of one or moreaffiants) who, being first duly sworn, upon oath states:(1)My/our name is/are __________ (insert name of Affiant(s)).I/we own the following described land ("Land"):(describe the property claimed as homestead)(2)This affidavit is made for the purpose of effecting arelease of that judgment lien recorded in __________ (refer torecording information of judgment lien) ("Judgment Lien") as tothe Land.(3)The Land includes as its purpose use for a home forAffiant(s) and is the homestead of Affiant(s), as homestead isdefined in Section 41.002, Property Code.The Land does notexceed:(A)10 acres of land, if used for the purposes of an urban homeor as both an urban home and a place to exercise a calling orbusiness; or(B)200 acres for a family or 100 acres for a single, adultperson not otherwise entitled to a homestead, if used for thepurposes of a rural home.(4)Attached to this affidavit is evidence that:(A)Affiant(s) sent a letter and a copy of this affidavit,without attachments and before execution of the affidavit,notifying the judgment creditor in the Judgment Lien of thisaffidavit and the Affiant(s)' intent to file for record thisaffidavit; and(B)the letter and this affidavit were sent by registered orcertified mail, return receipt requested, 30 or more days beforethis affidavit was filed to:(i)the judgment creditor's last known address;(ii)the address appearing in the judgment creditor's pleadingsin the action in which the judgment was rendered or another courtrecord, if that address is different from the judgment creditor'slast known address;(iii)the address of the judgment creditor's last known attorneyas shown in those pleadings or another court record; and(iv)the address of the judgment creditor's last known attorneyas shown in the records of the State Bar of Texas, if thataddress is different from the address of the attorney as shown inthose pleadings or another court record.(5)This affidavit serves as a release of the Judgment Lien asto the Land in accordance with Section 52.0012, Property Code.Signed on this _____ day of __________, _____.________________________________________(Signature of Affiant(s))State of __________County of __________SWORN TO AND SUBSCRIBED before me on the _________ day of__________, 20___.My commission expires:_____________________________________________________Notary Public, State of TexasNotary's printed name:________________________________Added by Acts 2007, 80th Leg., R.S., Ch.374, Sec. 2, eff. September 1, 2007.Sec. 52.002.ISSUANCE OF ABSTRACT.(a)On application of aperson in whose favor a judgment is rendered or on application ofthat person's agent, attorney, or assignee, the judge or justiceof the peace who rendered the judgment or the clerk of the courtin which the judgment is rendered shall prepare, certify, anddeliver to the applicant an abstract of the judgment. Theapplicant for the abstract must pay the fee authorized by law forproviding the abstract.(b)The attorney of a person in whose favor a judgment isrendered in a small claims court or a justice court or a personin whose favor a judgment is rendered in a court other than asmall claims court or a justice court or that person's agent,attorney, or assignee may prepare the abstract of judgment. Anabstract of judgment prepared under this subsection must beverified by the person preparing the abstract.Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1987, 70th Leg., ch. 663, Sec. 2, eff.Sept. 1, 1987; Acts 1999, 76th Leg., ch. 176, Sec. 1, eff. Sept.1, 1999; Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1,2001.Sec. 52.003.CONTENTS OF ABSTRACT.(a)An abstract of ajudgment must show:(1)the names of the plaintiff and defendant;(2)the birthdate of the defendant, if available to the clerk orjustice;(3)the last three numbers of the driver's license of thedefendant, if available;(4)the last three numbers of the social security number of thedefendant, if available;(5)the number of the suit in which the judgment was rendered;(6)the defendant's address, or if the address is not shown inthe suit, the nature of citation and the date and place ofservice of citation;(7)the date on which the judgment was rendered;(8)the amount for which the judgment was rendered and thebalance due;(9)the amount of the balance due, if any, for child supportarrearage; and(10)the rate of interest specified in the judgment.(b)An abstract of a judgment may show a mailing address foreach plaintiff or judgment creditor.Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.4.08, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 134, Sec. 2,eff. May 12, 1993.Amended by:Acts 2007, 80th Leg., R.S., Ch.143, Sec. 2, eff. September 1, 2007.Sec. 52.004.RECORDING AND INDEXING OF ABSTRACT.(a)Thecounty clerk shall immediately record in the county real propertyrecords each properly authenticated abstract of judgment that ispresented for recording. The clerk shall note in the records thedate and hour an abstract of judgment is received.(b)At the same time an abstract is recorded, the county clerkshall enter the abstract on the alphabetical index to the realproperty 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 inwhich the abstract is recorded.Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff.Sept. 1, 2001.Sec. 52.0041.ADDRESS REQUIREMENT FOR RECORDING ABSTRACT.(a)A judgment abstracted after September 1, 1993, may not berecorded unless:(1)a mailing address for each plaintiff or judgment creditorappears on the abstract of judgment; or(2)a penalty filing fee equal to the greater of $25 or twicethe statutory recording fee for the abstract is paid.(b)The validity of an abstracted judgment as between theparties is not affected by a failure to include an address foreach plaintiff or judgment creditor in the abstracted judgment.(c)Payment of a filing fee and acceptance of the abstract ofjudgment by a county clerk for recording creates a conclusivepresumption that the requirements of this section have been met.Added by Acts 1993, 73rd Leg., ch. 134, Sec. 1, eff. May 12,1993.Sec. 52.005.SATISFACTION OF JUDGMENT.Satisfaction of ajudgment in whole or in part may be shown by recordation of:(1)a return on an execution issued on the judgment, or a copyof the return, certified by the officer making the return andshowing:(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 theparty entitled to receive payment of the judgment or by thatperson's agent or attorney of record and that is acknowledged orproven for record in the manner required for deeds.Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff.Sept. 1, 2001.Sec. 52.006.DURATION OF LIEN.(a)Except as provided bySubsection (b), a judgment lien continues for 10 years followingthe date of recording and indexing the abstract, except that ifthe judgment becomes dormant during that period the lien ceasesto exist.(b)Notwithstanding Section 34.001, Civil Practice and RemediesCode, a judgment in favor of the state or a state agency, as thatterm is defined by Section 403.055, Government Code, does notbecome dormant.A properly filed abstract of the judgmentcontinues to constitute a lien under Section 52.001 until theearlier of the 20th anniversary of the date the abstract isrecorded and indexed or the date the judgment is satisfied or thelien is released.The judgment lien may be renewed for oneadditional 20-year period by filing, before the expiration of theinitial 20-year period, a renewed abstract of judgment in thesame manner as the original abstract of judgment is filed.Therenewed judgment lien relates back to the date the originalabstract of judgment was filed.Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1,1984.Amended by:Acts 2007, 80th Leg., R.S., Ch.11, Sec. 1, eff. April 23, 2007.Sec. 52.007.FEDERAL COURT JUDGMENT.An abstract of a judgmentrendered in this state by a federal court may be recorded andindexed under this chapter on the certificate of the clerk of thecourt.Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1,1984.SUBCHAPTER B. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENSAGAINST BANKRUPTS--ABSTRACT RECORDED BEFORE SEPTEMBER 1, 1993Sec. 52.021.DISCHARGE AND CANCELLATION.(a)In accordancewith this subchapter, a judgment and judgment lien may bedischarged and canceled if the person against whom the judgmentwas rendered is discharged from his debts under federalbankruptcy law.(b)This subchapter applies to judgments against persons whosedebts are discharged in bankruptcy and for which the abstracts ofjudgment are recorded before September 1, 1993, as provided bySubchapter A, regardless of the fact that the discharge inbankruptcy occurred before this law took effect.Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1993, 73rd Leg., ch. 313, Sec. 2, eff.Sept. 1, 1993.Sec. 52.022.APPLICATION FOR COURT ORDER.(a)The person whohas been discharged from his debts, that person's receiver ortrustee, or any other interested person may apply, on proof ofthe discharge, to the court in which the judgment was renderedfor an order discharging and canceling the judgment and judgmentlien.(b)A person may not apply for the order before a year haselapsed since the bankruptcy discharge.Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1,1984.Sec. 52.023.NOTICE OF APPLICATION.(a)Notice of theapplication for the order and copies of the papers on whichapplication is made must be served on the judgment creditor orhis attorney of record in the action in which the judgment wasrendered.(b)If the residence or place of business of the judgmentcreditor or his attorney is known, notice must be served in themanner prescribed for service of notice in an action.(c)As an alternative to service under Subsection (b), the courtmay order that notice of the application be published in anewspaper designated in the order once a week for not more thanthree consecutive weeks if the applicant proves by affidavitthat:(1)the address of neither the judgment creditor nor hisattorney is known and the address of neither can be ascertainedby due diligence; or(2)the judgment creditor is not a resident of this state andhis attorney is dead, removed from the state, or unknown.Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1,1984.Sec. 52.024.COURT ORDER.(a)The court shall conduct ahearing on the application and shall enter an order of dischargeand cancellation of the judgment and any abstracts of thejudgment if the debtor or bankrupt has been discharged inbankruptcy from the payment of the obligation or debt representedby the judgment.(b)In each county in which the court's order is recorded in thejudgment lien records, the order constitutes a release,discharge, and cancellation of the judgment and of anyunsatisfied judgment lien represented by an abstract that is ofrecord in the county on the date of the order or is recorded inthe county on or after the date of the order.Acts 1983, 68th Leg., p. 3530, ch. 576, Sec. 1, eff. Jan. 1,1984.Sec. 52.025.EFFECT ON LIEN OF DISCHARGE OF DEBT IN BANKRUPTCY.(a)A judgment lien is not affected by the order of dischargeand cancellation and may be enforced, if the lien is against realproperty owned by the bankrupt or debtor before the debtor wasadjudged bankrupt or a petition for debtor relief was filed underfederal bankruptcy law, and:(1)the debt or obligation evidenced by the judgment is notdischarged in bankruptcy; or(2)the property is nonexempt and is abandoned during the courseof the proceeding.(b)Except as provided by Subsection (a), the judgment is of noforce or validity and may not be a lien on real property acquiredby the bankrupt or debtor after the discharge in bankruptcy.Acts 1983, 68th Leg., p. 3530, ch. 576, Sec. 1, eff. Jan. 1,1984.SUBCHAPTER C. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENSAGAINST DEBTORS--ABSTRACT RECORDED ON OR AFTER SEPTEMBER 1, 1993Sec. 52.041.APPLICATION OF SUBCHAPTER.This subchapter appliesto a judgment and judgment lien for which an abstract of judgmentor judgment lien is recorded on or after September 1, 1993.Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1,1993.Sec. 52.042.DISCHARGE AND CANCELLATION.(a)A judgment isdischarged and any abstract of judgment or judgment lien iscanceled and released without further action in any court and maynot be enforced if:(1)the lien is against real property owned by the debtor beforea petition for debtor relief was filed under federal bankruptcylaw; and(2)the debt or obligation evidenced by the judgment isdischarged in the bankruptcy.(b)A judgment evidencing a debt or obligation discharged inbankruptcy does not have force or validity and may not be a lienon real property acquired by the debtor after the petition fordebtor relief was filed.Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1,1993.Sec. 52.043.EXCEPTIONS TO DISCHARGE AND CANCELLATION.Ajudgment lien is not affected by this subchapter and may beenforced if the lien is against real property owned by the debtorbefore a petition for debtor relief was filed under federalbankruptcy law and:(1)the debt or obligation evidenced by the judgment is notdischarged in bankruptcy; or(2)the property is not exempted in the bankruptcy and isabandoned during the bankruptcy.Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1,1993.
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  • PROPERTY CODE

    TITLE 5. EXEMPT PROPERTY AND LIENS

    SUBTITLE B. LIENS

    CHAPTER 52. JUDGMENT LIEN

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 52.001. ESTABLISHMENT OF LIEN. Except as provided by

    Section 52.0011 or 52.0012, 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 and attaches to any real property of the defendant, other than

    real property exempt from seizure or forced sale under Chapter

    41, the Texas Constitution, or any other law, that is 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1989, 71st Leg., ch. 1178, Sec. 2, eff.

    Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 6, eff. Sept.

    1, 1993.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    374, Sec. 1, eff. September 1, 2007.

    Sec. 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, Sec. 3, eff. Sept. 1,

    1989.

    Sec. 52.0012. RELEASE OF RECORD OF LIEN ON HOMESTEAD PROPERTY.

    (a) In this section:

    (1) "Homestead" has the meaning assigned by Section 41.002.

    (2) "Judgment debtor" and "judgment creditor" have the meanings

    assigned by Section 31.008(h), Civil Practice and Remedies Code.

    (b) A judgment debtor may, at any time, file an affidavit in the

    real property records of the county in which the judgment

    debtor's homestead is located that substantially complies with

    Subsection (f).

    (c) Subject to Subsection (d) and except as provided by

    Subsection (e), an affidavit filed under Subsection (b) serves as

    a release of record of a judgment lien established under this

    chapter.

    (d) A bona fide purchaser or a mortgagee for value or a

    successor or assign of a bona fide purchaser or mortgagee for

    value may rely conclusively on an affidavit filed under

    Subsection (b) if included with the affidavit is evidence that:

    (1) the judgment debtor sent a letter and a copy of the

    affidavit, without attachments and before execution of the

    affidavit, notifying the judgment creditor of the affidavit and

    the judgment debtor's intent to file the affidavit; and

    (2) the letter and the affidavit were sent by registered or

    certified mail, return receipt requested, 30 or more days before

    the affidavit was filed to:

    (A) the judgment creditor's last known address;

    (B) the address appearing in the judgment creditor's pleadings

    in the action in which the judgment was rendered or another court

    record, if that address is different from the judgment creditor's

    last known address;

    (C) the address of the judgment creditor's last known attorney

    as shown in those pleadings or another court record; and

    (D) the address of the judgment creditor's last known attorney

    as shown in the records of the State Bar of Texas, if that

    address is different from the address of the attorney as shown in

    those pleadings or another court record.

    (e) An affidavit filed under Subsection (b) does not serve as

    release of record of a judgment lien established under this

    chapter with respect to a purchaser or mortgagee of real property

    that acquires the purchaser's or mortgagee's interest from the

    judgment debtor after the judgment creditor files a contradicting

    affidavit in the real property records of the county in which the

    real property is located asserting that:

    (1) the affidavit filed by the judgment debtor under Subsection

    (b) is untrue; or

    (2) another reason exists as to why the judgment lien attaches

    to the judgment debtor's property.

    (f) An affidavit filed under Subsection (b) must be in

    substantially the following form:

    HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN

    Before me, the undersigned authority, on this day personally

    appeared __________ ("Affiant(s)") (insert name of one or more

    affiants) who, being first duly sworn, upon oath states:

    (1) My/our name is/are __________ (insert name of Affiant(s)).

    I/we own the following described land ("Land"):

    (describe the property claimed as homestead)

    (2) This affidavit is made for the purpose of effecting a

    release of that judgment lien recorded in __________ (refer to

    recording information of judgment lien) ("Judgment Lien") as to

    the Land.

    (3) The Land includes as its purpose use for a home for

    Affiant(s) and is the homestead of Affiant(s), as homestead is

    defined in Section 41.002, Property Code. The Land does not

    exceed:

    (A) 10 acres of land, if used for the purposes of an urban home

    or as both an urban home and a place to exercise a calling or

    business; or

    (B) 200 acres for a family or 100 acres for a single, adult

    person not otherwise entitled to a homestead, if used for the

    purposes of a rural home.

    (4) Attached to this affidavit is evidence that:

    (A) Affiant(s) sent a letter and a copy of this affidavit,

    without attachments and before execution of the affidavit,

    notifying the judgment creditor in the Judgment Lien of this

    affidavit and the Affiant(s)' intent to file for record this

    affidavit; and

    (B) the letter and this affidavit were sent by registered or

    certified mail, return receipt requested, 30 or more days before

    this affidavit was filed to:

    (i) the judgment creditor's last known address;

    (ii) the address appearing in the judgment creditor's pleadings

    in the action in which the judgment was rendered or another court

    record, if that address is different from the judgment creditor's

    last known address;

    (iii) the address of the judgment creditor's last known attorney

    as shown in those pleadings or another court record; and

    (iv) the address of the judgment creditor's last known attorney

    as shown in the records of the State Bar of Texas, if that

    address is different from the address of the attorney as shown in

    those pleadings or another court record.

    (5) This affidavit serves as a release of the Judgment Lien as

    to the Land in accordance with Section 52.0012, Property Code.

    Signed on this _____ day of __________, _____.

    ____________________

    ____________________

    (Signature of Affiant(s))

    State of __________

    County of __________

    SWORN TO AND SUBSCRIBED before me on the _________ day of

    __________, 20___.

    My commission expires:

    ______________________

    _______________________________

    Notary Public, State of Texas

    Notary's printed name:

    ________________________________

    Added by Acts 2007, 80th Leg., R.S., Ch.

    374, Sec. 2, eff. September 1, 2007.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1987, 70th Leg., ch. 663, Sec. 2, eff.

    Sept. 1, 1987; Acts 1999, 76th Leg., ch. 176, Sec. 1, eff. Sept.

    1, 1999; Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1,

    2001.

    Sec. 52.003. CONTENTS OF ABSTRACT. (a) An abstract of a

    judgment must show:

    (1) the names of the plaintiff and defendant;

    (2) the birthdate of the defendant, if available to the clerk or

    justice;

    (3) the last three numbers of the driver's license of the

    defendant, if available;

    (4) the last three numbers of the social security number of the

    defendant, if available;

    (5) the number of the suit in which the judgment was rendered;

    (6) 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;

    (7) the date on which the judgment was rendered;

    (8) the amount for which the judgment was rendered and the

    balance due;

    (9) the amount of the balance due, if any, for child support

    arrearage; and

    (10) 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.

    4.08, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 134, Sec. 2,

    eff. May 12, 1993.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    143, Sec. 2, eff. September 1, 2007.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff.

    Sept. 1, 2001.

    Sec. 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, Sec. 1, eff. May 12,

    1993.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff.

    Sept. 1, 2001.

    Sec. 52.006. DURATION OF LIEN. (a) Except as provided by

    Subsection (b), 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.

    (b) Notwithstanding Section 34.001, Civil Practice and Remedies

    Code, a judgment in favor of the state or a state agency, as that

    term is defined by Section 403.055, Government Code, does not

    become dormant. A properly filed abstract of the judgment

    continues to constitute a lien under Section 52.001 until the

    earlier of the 20th anniversary of the date the abstract is

    recorded and indexed or the date the judgment is satisfied or the

    lien is released. The judgment lien may be renewed for one

    additional 20-year period by filing, before the expiration of the

    initial 20-year period, a renewed abstract of judgment in the

    same manner as the original abstract of judgment is filed. The

    renewed judgment lien relates back to the date the original

    abstract of judgment was filed.

    Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1,

    1984.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    11, Sec. 1, eff. April 23, 2007.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984.

    SUBCHAPTER B. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENS

    AGAINST BANKRUPTS--ABSTRACT RECORDED BEFORE SEPTEMBER 1, 1993

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1993, 73rd Leg., ch. 313, Sec. 2, eff.

    Sept. 1, 1993.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984.

    Sec. 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, Sec. 1, eff. Jan. 1,

    1984.

    SUBCHAPTER C. CANCELLATION OF JUDGMENTS AND JUDGMENT LIENS

    AGAINST DEBTORS--ABSTRACT RECORDED ON OR AFTER SEPTEMBER 1, 1993

    Sec. 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, Sec. 3, eff. Sept. 1,

    1993.

    Sec. 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, Sec. 3, eff. Sept. 1,

    1993.

    Sec. 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, Sec. 3, eff. Sept. 1,

    1993.

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