Legal Question in Real Estate Law in Texas
abstract of judgment payoff
7 years ago I had a judgment filed against me in Small Claims Court for non payment of rent. I vacated the premises and totally forgot about the judgment. It has now come to my attention and I would like to clear it up. I never had an address for the husband and wife from whom I had rented the house. We would deal directly with the realtor. Shortly after they obtained the judgment against me, they were divorced. I understand from the realtor, that the wife has left the country about 5 or more years ago and no one know where she is. The realtor thinks she may be able to contact the husband. My question is...if the husband is the only one we can get in touch with and he is willing to make a settlement with us, will we be able to obtain a full release of this judgment from the court? Thank you for any assistance you can give me.
1 Answer from Attorneys
Judgment Lien Release
It depends. If the husband was awarded the judgment in the divorce, then, yes, he can release you. If not, you may have to file a further suit, involving tendering the judgment payment into court and serving the absent wife by publicatoin, to get a release. If this has arisen in the context of a credit search or title search -- i.e. you are trying to buy a house, inquire of the lender or the title company handling the sale as to what proof would be required. Such an institution may give you an easier alternative than filing suit, i.e. dome sort of "bond around" arrangement.
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