Legal Question in Civil Litigation in Texas

Lien against property, abstract judgement

I won a civil court judgement for $5000 and filed an abstract of judgement a few years ago. Now I have been contacted by an attorney for the other party. The other party is trying to sell some property and the judgement popped up. The attorney has requested that I meet with his client to determine whether or not it is the same party I have the judgement against. I have agreed to this meeting. The attorney's letter also stated that if after the meeting his client still claims to not be the ''judgment debtor'' and I continue to claim that he is, he will file a suit for slander of title. The other party has always claimed to not have any knowledge of this, and I expect him to continue to do so. How do I ensure that if the property gets sold I will get the $5000, or is it possible for me to seize the property?


Asked on 7/12/05, 3:55 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Lien against property, abstract judgement

Your question involves some basic and logical concerns. First, if the lawyer's client is in fact someone other than the person that you sued and acquired a judgment against, then a properly drawn document should be prepared. Ordinarily a "not the same person" affidavit might suffice. You need something to distinguish between the bad guy and the good guy, whether it be DL numbers, addresses, or SSN's.

On the other hand, if his client is the one who was served with papers in the lawsuit and is the person against whom you acquired the judgment, then he is not entitle to any release (disregarding homestead questions for the time being). The lawyer may have suggested the meeting to give you an opportunity to determine if in fact it is a different person. Also, lawyers know that sometimes their clients lie to them. This will give the lawyer an opportunity to learn the truth. If there is any question at all, it will be in your interest to have a lawyer to review any papers that they want you to sign. It is not your obligation to pay for preparing papers.

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Answered on 7/12/05, 4:41 pm


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