If you win a lawsuit in Texas and obtain a money judgment, you do not automatically receive a lien on the debtor’s real property. Many people are surprised by this.

Instead, Texas law requires an additional step: recording an Abstract of Judgment in the county property records.

This article explains how that works, cites the controlling statutes, and outlines practical considerations for both creditors and debtors.

The Statutory Basis: Texas Property Code Chapter 52

The governing law is found in Texas Property Code, Chapter 52.

1. What Is an Abstract of Judgment?

Under Tex. Prop. Code § 52.003, an abstract of judgment must include:

• The names of the plaintiff and defendant
• The defendant’s birthdate (if available)
• The last known address of each defendant
• The amount of the judgment
• The amount remaining unpaid
• The rate of interest
• The date of rendition

This document is issued by the clerk of the court that rendered the judgment.

2. How Does It Create a Lien?

The key provision is Tex. Prop. Code § 52.001, which states in substance:

A properly recorded and indexed abstract of judgment creates a lien on the defendant’s non-exempt real property located in the county where the abstract is recorded.

The lien attaches to:

• Real property owned at the time of recording, and
• Real property acquired afterward (during the lien’s life)

The lien does not attach automatically statewide. You must record the abstract in each county where the debtor owns (or may own) property.

Duration of a Texas Judgment Lien

Under Tex. Prop. Code § 52.006, a judgment lien continues for 10 years from the date of recording and indexing.

If the judgment is properly renewed (revived), a new abstract must be recorded to extend the lien.

This is separate from the general 10-year dormancy rule found in Texas Civil Practice and Remedies Code § 34.001, which governs the enforceability of judgments.

Important Limitation: Homestead Protection

Texas has some of the strongest homestead protections in the country.

Under Texas Constitution, Article XVI, Section 50, a homestead is generally protected from forced sale for most debts.

This means:

• An abstract of judgment may be recorded.
• But it does not attach to a properly designated homestead.
• If the property later loses homestead status, the lien may then attach.

This is where things become highly fact-specific.

Practical Strategy for Creditors

If you represent a creditor (or are one), consider:

1. Record the abstract immediately after judgment.
2. Record in every county where the debtor owns property.
3. Calendar the 10-year expiration date.
4. Investigate whether property is claimed as homestead.
5. Monitor for property transfers.

An abstracted judgment often becomes leverage in:

• Refinancing transactions
• Real estate sales
• Probate proceedings

Because title companies typically require satisfaction before closing.

What About Personal Property?

An abstract of judgment does not create a lien on:

• Bank accounts
• Vehicles
• Equipment

Those require separate collection tools such as:

• Writs of Garnishment
• Writs of Execution
• Turnover Orders

(Each governed by different statutory frameworks.)

Why This Matters

Many judgment creditors believe “I won — now I automatically have a lien.”
That is incorrect.

Texas requires procedural precision.

Missing the abstract step can mean:

• Losing priority to other creditors
• Allowing property to transfer free of your lien
• Losing leverage in collection negotiations

Conclusion

An Abstract of Judgment is one of the most powerful — and most misunderstood — post-judgment tools under Texas law.

Under Texas Property Code Chapter 52, properly recording and indexing the abstract transforms a paper judgment into a real property lien.

But:

• It does not attach to homestead property.
• It expires after 10 years.
• It must be recorded in each county.

If you are trying to collect a judgment — or defend against one — understanding this mechanism is critical.

If you need assistance enforcing or contesting a Texas judgment lien, consult counsel familiar with post-judgment remedies and Texas real property law.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.