This legal research guide provides information about small claims cases in justice court and provides links to filing information for select Texas counties.
One of the ways to collect on a judgment is by placing a lien on real property owned by the debtor. Some types of real property are exempt from having a judgment lien placed on them. Homestead property is the most common exemption. If the debtor sells any non-exempt real property, the creditor may be able to get all or some of the money owed from the proceeds of the sale. A judgment lien lasts for ten years.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
Once the abstract of judgment has been issued, it may then be filed with the county clerk's office where the real property is located or where property may be located in the future.
State constitutional law providing protections for property with a homestead exemption from forced or unauthorized sale for payment of certain debts.
