Legal Question in Business Law in Texas

I have a business and own the real estate it is a beauty shop . A judgement has been filed on me can I sell buisness with the judge being takin out of sell.


Asked on 3/26/10, 9:22 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

If someone has a judgment against you, he can have an "abstract of judgment" issued, and can record it in any county where he thinks you might own property.

1. The plaintiff in judgment must actually DO this (take this extra step). Merely getting a judgment doesn't create any liens.

2. The abstract must be recorded in the county where your property is located. If it's recorded in some other county, then the judgment lien doesn't attach.

3. The property (your property) must be in your name; if the property is owned (of record) by "ABC Corporation" and the Judgment is "Comerica Bank vs. James Johnson," the lien doesn't attach.

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Answered on 3/31/10, 10:22 am


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