Legal Question in Credit and Debt Law in Texas

What good is an abstract of judgment in Texas?

Hi All,

Of what use is an abstract of judgment in Texas? Since a homestead is exempt, it seems to me that an abstract would only result in payment to a judgment creditor if the debtor happened to own non-exempt land.

At first, I was under the impression that an abstract could be used to sieze a homeowner's equity when he sold his home - but now I've found that the property code even exempts the proceeds of a homestead sale.

Any idea why I'd want to file an abstract?


Asked on 12/16/04, 4:32 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: What good is an abstract of judgment in Texas?

It gives you a lien on all non-exempt real property, now and in the future, located in the county where it is filed. Sometimes the judgment is paid when the homestead is sold just to get it off the credit report. The abstract is good for ten years and can be renewed when the judgment is renewed.

Remember that the proceeds of a homestead sale only carry the characteristics of homestead for a period of six months, unless reinvested in a new homestead.

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Answered on 12/16/04, 5:08 pm


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