Monday, January 3, 2011

Texas Judgment Lien - A distinguished variety Tool

Are you at a loss as to how to obtain your Texas judgment? Understand first that the process of collecting your judgment is just that, a process. So you have to start at the starting of the process. The first tool in the process is securing your judgment lien.

What is It?

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A lien is a payment again asset to obtain payment of a debt. It attaches a debt to real property. Then, whenever that asset is sold the attached lien must be paid. Usually, it is paid from the cash changing hands in the sale of the property. Your judgment is a debt than can originate a lien on the asset of your debtor. But, the fact that you have a judgment does not, by itself, originate a lien on your debtor's property. An automated lien would be nice. But, that isn't how the game is played in Texas.

How Do I Get It?

Creating a lien from your judgment is not hard to do. You just have to get ready and file an abstract of judgment in the county records. An abstract is not a difficult or involved legal document. It's simply a written summary of how much the debtor owes you. But, it must be properly prepared to originate your lien. If your judgment is in a justice court or a small claims court, the justice of the peace prepares the abstract for you. But, if your judgment is in any other state court, you can get ready the abstract yourself.

What Do I Do With It?

When you have your abstract in hand, you take it to the county clerk for recording. The clerk enters the abstract in an alphabetical index of judgment records. Now, your judgment lien is created. If the debtor owns any real asset in the county where you've recorded the abstract, your lien attaches to that property. The only irregularity homestead property.

How Long Does it Last?

Once you originate the judgment lien, it continues for ten years. You can keep both the judgment and the judgment lien alive longer than ten years. The data for doing that is the topic for someone else article.

Texas Judgment Lien - A distinguished variety Tool

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