abstract of judgement

Is that what you recieve from small claims court when you win??

Do you have to win in small claims court to be able to put a mech. lein??


tamwham from texas

tamwham2 said:

Is that what you recieve from small claims court when you win??

Do you have to win in small claims court to be able to put a mech. lein??


tamwham from texas

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My response:

If you win a money judgment in any court, including Small Claims, the judge gives you a paper called a "Judgment". That paper shows what "relief" or "amount of money" that was granted to you, the winning party.

An "abstract of judgment" is a court form that you fill out with information based upon the information contained in the "judgment". It is a type of summary of the judgment that instructs others what property you intend to take, and what to do to obtain money from the judgment debtor.

If it is money that you won, you would fill out, file with the court, and give the "abstract" to a Marshall or Sheriff to serve upon a bank, for example, to compel that bank to pay you from funds in the defendant's account.

It can also be filed with the County Recorder's office to place a "cloud" or a "lien" on property for the amount owed. That way, the defendant cannot convey title to the property until all liens (judgments), including yours, are paid.

A "mechanic's lien" can be placed on someone's property where work was performed, because such work was unpaid by the property owner for whatever reason. However, such a lien is temporary (usually good for 90 days from date of Recording) and in that time, a lawsuit against the property owner must be filed. If the mechanic's lien expires prior to a lawsuit being filed, the property owner is free to sell or otherwise encumber the property; e.g., take out a new mortgage. And, the property owner can then turn around and sue you for having "encumbered" the property without suing; i.e., allowing the lien to expire without taking any judicial action.

Good luck to you.

IAAL

Well, not exactly....

IAAL posted, "If you win a money judgment in any court, including Small Claims, the judge gives you a paper called a "Judgment". That paper shows what "relief" or "amount of money" that was granted to you, the winning party.

An "abstract of judgment" is a court form that you fill out with information based upon the information contained in the "judgment". It is a type of summary of the judgment that instructs others what property you intend to take, and what to do to obtain money from the judgment debtor.

If it is money that you won, you would fill out, file with the court, and give the "abstract" to a Marshall or Sheriff to serve upon a bank, for example, to compel that bank to pay you from funds in the defendant's account."

As in all things, Texas does it differently. The 'Abstract of Judgment' is not a court form, nor do you fill it out yourself (in Small Claims), nor is it used to serve on a bank.

After you win in court, the 'loser' (defendant) is allowed a specific number of days to appeal or post a 'supersedas bond' (10 days in Small Claims, 30 in District). After that time has expired, and an appeal or bond was NOT made, you can then ask the court for an "Abstract of Judgment". [In Texas, an Abstract for District court can be by the court or a 'layperson', but Small Claims Abstracts can ONLY be done by the court or an attorney.] The "Abstract of Judgment" is really just a formal documentation of what the court has ruled. It states the parties, who 'won', the case data (number, court, date), and the amounts awarded (judgment, attorney fees, court costs) and interest.

With the Abstract of Judgment, you now have an official document that you can use to 'enforce' the judgment. You can do this by sending the original to the county for filing a lien and for sending copies to the CRA (Credit Reporting Agencies) for the debtor files. Further, you can use the Abstract to obtain credit reports of the debtor.

As for 'going after the debtors bank', that is done by filing a "Writ of Garnishment" in the original court (really has nothing to do with the Abstract).

So, with all due respect to IAAL, we just do this a 'little differently in Texas'!

My response:

Life and law is so much simpler in California.

Thanks, Steve, for the clarification.

IAAL