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Should I File the Abstract of Judgment in Multiple Counties?

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What is the name of your state? Texas

I am the successful plaintiff in a small claims case. :)

The defendant is in Harris County, Texas; I am in Wood County, Texas.

I applied for the Abstract of Judgment today and should receive it in the mail in a few days.

I've asked some questions at my courthouse and done some searching, but still have a few questions, as follows:

--As the defendant (and his business) is in Harris County, do/should I still file the Abstract of Judgment in my county as well as in Harris County? To the best of my knowledge, the defendant doesn't own any property in my county.

--I sued the defendant/the defendant's business. The defendant also has offices established in Dallas/Fort Worth and Austin. Would there be any benefit to my filing the Abstract of Judgment in those counties, also?

--I assume that there is no way for me to also obtain these additional costs incurred after the judgment, is there? (i.e., the cost for obtaining the abstract of judgment, filing fees at the courthouse, postage, etc.)

Thanks!!What is the name of your state?
 


dcatz

Senior Member
Hello OP –
There have been several discussions about aspects of your cases. (Incidentally, congratulations on winning this one.) In this instance, information relevant to your questions is already on FA:
http://bankruptcy-law.freeadvice.com/collections/judgment_lien.htm

Abstracts (affecting real property) can be filed in as many counties as you choose to. It really is a cost-benefit decision. In my own state, there are more than 50 counties. While the statutory costs of enforcing judgment can be added to the judgment, it would be a rather extreme measure and a substantial out-of pocket cost to file in every one, if existing property of the debtor was not already identified in a specific one. Prudence might prompt filing in 3-4 contiguous counties, but more than that depends on how big a gambler you’re willing to be and on the importance of a property lien over other forms of enforcement.

If a company and/or significant personal assets are involved, you might want to think about also filing a Judgment Lien on Personal Property. A JLPP, filed pursuant to the Uniform Commercial Code, is also explained in more detail at the URL provided and may be a more cost-effective option than recording Abstracts in every county, but you know your debtor, and that’s important too. If my debtor was a real estate broker or speculator, I might reverse everything just said and file in every county.
 
I obtained a Writ of Execution in April...the Friday before Mother's Day, in May, I received a call from the Constable telling me that Mr. Twerp had paid in full.

And today, I received a check in the mail from the County Treasurer.:D

Just wanted to say "Thank you" :)
 

dcatz

Senior Member
After some of the other frustrations that you had mentioned, I'm glad that this one worked out as intended. Congratulations.

If you did file liens on real property, don't forget to release them. You don't need or want to hear from him again.
 
Thanks, dcatz...it is a HUGE relief, as you can well imagine! We're grilling steaks tonight, we are. :D

I had been wondering if I still needed to notify the courthouse in Houston where I had the judgment lien filed, since it all went through the court, anyway, so thanks for that reminder--I will get a letter out tomorrow or sometime next week to both courts (my courthouse and the one where I had the judgment filed) just be sure.
 

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