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how can i file a lien?

Texas

Hello. I won a default judgement in small claimes court in the State of Texas. Fort Bend county to be exact. How can I file a lien on his property?

1 reply

Sep 20, 2022

I know it must be bitter sweet, but congratulations are still in order. The lien you are referring to at this point would not be a statutory M&M Lien or a vendor’s lien on real property, but an encumbrance to real property nonetheless. As of now (assuming the court has entered judgment), you are a judgement creditor, and they a judgment debtor. You’ll want to abstract the judgment in the real property records of the county (or any county) where the creditor has, or is likely to obtain real property. The abstract will place everyone on notice of your “lien” on that property. This is valid for 10 years, and may be renewed for another 10 years by filing a writ of execution before it expires. Beyond that, you will have the choice to move towards foreclosing, attaching, or levying property – keeping in mind that some property may be exempt from attachment/foreclosure (homesteads, some personal property, etc.), or simply waiting until they try to buy or sell land in any of the abstracted counties. Chances are that, if they ever do, they will have to come to you and pay your off (with interest) in order to effectuate a “clean sale.” 

Don’t forget that you may be able to levy bank accounts, attach personal property (boats, ATVs, trailers, cars, etc.), and foreclose on real property, each of which may require various filings and proceedings, like obtaining writs of attachment, execution or providing notices for judicial foreclosures. 

Again, congratulations and good luck!    

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