The Amended Abstract shows judgment was discharged by The Bankruptcy Court but the lien on listed property is still valid
Bankruptcy Court but the lien on listed property is still valid
Texas Amended Abstract of Judgment
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Description
Definition and meaning
The Texas Amended Abstract of Judgment is a legal document that modifies an existing abstract of judgment. It serves to update the public record regarding a judgment against a defendant, which may include changes in details such as ownership of the judgment, the defendant's information, or specifics about the property associated with the lien. This form is essential for ensuring that information regarding debts and liens is accurately reflected in official records.
How to complete a form
Filling out the Texas Amended Abstract of Judgment requires careful attention to detail. Users should follow these steps:
- Provide the name and address of the current holder of the judgment.
- Enter the original judgment creditor's name.
- Fill in the defendant's information, including address, driver's license number, date of birth, and social security number, if known.
- Include the date the judgment was rendered and information related to the renewal of the judgment.
- State the cause number, court, and county where the original judgment was issued.
- Specify the amount of the judgment and any relevant interest rates or attorney fees.
- Identify any property that is subject to the lien.
It's important to review all information for accuracy before submission.
Who should use this form
The Texas Amended Abstract of Judgment is primarily used by individuals or entities who are current holders of a judgment or attorneys representing such holders. This form is beneficial for:
- Judgment creditors looking to amend public records related to the judgment.
- Legal professionals representing clients with active judgments requiring updates.
Those involved in real estate transactions affected by liens may also find this form relevant to ensure all records are correctly updated.
Legal use and context
Key components of the form
The Texas Amended Abstract of Judgment contains several essential components that users should understand:
- Judgment Holder's Information: The name and address of the current holder of the judgment.
- Defendant Details: Information about the defendant, including identifying numbers and personal details.
- Judgment Specifics: Date rendered, cause number, court details, and amounts pertaining to the judgment, including any interest.
- Property Information: Identification of properties subject to the lien which is crucial for the enforceability of the judgment.
Understanding these components thoroughly ensures accurate completion and reduces the risk of errors.
Common mistakes to avoid when using this form
When completing the Texas Amended Abstract of Judgment, users should be mindful of common errors that can delay the process:
- Forgetting to provide complete and accurate defendant information.
- Neglecting to sign the form or secure the necessary notarization.
- Failing to include all relevant dates and amounts could lead to disputes about the validity of the judgment.
- Not checking that the property information matches public records precisely.
Avoiding these pitfalls can help ensure a smoother filing process.
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How to fill out Texas Amended Abstract Of Judgment?
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FAQ
It is active for 10 years and can be renewed if the have attempted to execute on the judgment. They will not be able to foreclose on the homestead unless the homestead looses its status as homestead.
Vacate the Judgment. If a judgment has been entered against a debtor in Texas, a motion for new trial is the best way to vacate that judgment. Discharge Through Bankruptcy. If all else fails, most judgments can be discharged in bankruptcy. Claim Your Property as Exempt. Settle Your Judgment for Less.
There are two options. You can obtain a full release of the abstract of judgment from the creditor or you can file your own partial release of the abstract of judgment as it relates to your homestead.
An Abstract of Judgement is a written summary naming the amount evicted tenants owe, court costs that need to be paid, interest what is owed, as well as other orders resulting from the lawsuit.An abstract of judgment also creates a lien against any real property located in the county the abstract was in.
It is active for 10 years and can be renewed if the have attempted to execute on the judgment. They will not be able to foreclose on the homestead unless the homestead looses its status as homestead.
The wise judgment creditor will make sure it is renewed at least every 10 years or it will expire. Note that any liens created by filing and recording an Abstract of Judgment must also be renewed.When the judgment is renewed, the interest that has accrued will be added to the principal amount owing.
A Texas judgment is valid for ten years from the date it's signed by the judge.But during the two year dormancy period the judgment can be revived by simply filing a motion with the court to revive it. Then the judgment's life starts over and it is then valid for ten years from the date the judge revives it.
The debtor must get a discharge or release of the abstract of judgment to remove the lien from the home. Contact the judgment creditor shown on the abstract. Arrange to pay the debt in full or negotiate payments. Ask the creditor for a discharge if paying in full.