Judgment Liens in Texas

Many consumers do not respond to collection lawsuits so a default judgment is entered against them.  When a judgment is awarded the creditor usually later files an abstract of judgment

(If you currently have a collection lawsuit filed against you, please visit our website dedicated solely to Texas Credit Card Lawsuits: www.texascreditcardlawsuit.com).

The abstract of judgment is filed in the real property records of a particular county and creates a lien on any “non exempt property that the debtor owns in that county.

If you have properly filed your homestead exemption on your home, the lien does not technically attach but it can still cloud title on the homestead.  Most title companies will refuse to give you clear title unless you obtain a partial or full release of the judgment.  Thus, if you attempt to sell or re-finance your homestead after an abstract of judgment has been filed, the transaction will likely be held up.

A recent amendment to the Texas Property Code allows you to file your own partial release to clear title to your homestead without having to pay the judgment creditor anything. 

If you own non exempt real property, like a rent house, the lien will attach and the creditor can actually force the sale of your property at auction to pay the judgment with a writ of execution. 
Judgment creditors in Texas can garnish your bank accounts by filing a writ of garnishment.  Do not confuse this with garnishment of wages.  Creditors can NOT garnish wages in Texas, but once you deposit your paycheck into the bank, it is no longer considered “wages” and is fair game for collection.

Creditors also send Post Judgment Discovery that you are forced to answer and if you ignore them you can get yourself in real trouble.

Many creditors will agree to settle judgments but it is not advisable to do this without a licensed attorney.  If you settle, you should obtain a properly prepared and filed release of the judgment from the creditor. 

If settlement is simply not possible, the best way to completely discharge a judgment is by filing a Chapter 7 Bankruptcy.  To find out more information regarding Bankruptcy please visit our dedicated website: www.Texas-BankruptcyAttorney.com

If you have a judgment that was rendered against you, please contact the law firm of Weston Legal PLLC by calling, emailing, or completing the contact form on this page.  We offer flat fees and payment plans.

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